Personal Injury
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Personal injury in New HampshireDivorce & Family Law
Family law cases are rarely just legal problems. They are decisions about your children, your home, and the next several years of your life — made under pressure, on a deadline.
The approach
Attorney Cynthia P. Gilman has practiced family law in New Hampshire since 1997 and is a member of the New Hampshire Bar Association's Family Law Section.
Most people arrive at a first family law consultation having already spent weeks turning the same questions over: Will I keep the house? How much time will I get with my kids? Can I afford this? The work starts by answering those questions honestly — including when the honest answer is one you were hoping not to hear.
From there it becomes practical. Some cases settle at the kitchen table with a well-drafted agreement. Some need a temporary order in place within days. Some have to be tried. Attorney Gilman will tell you which one you are likely in, what it costs, and how long it usually takes, so you can make decisions with real information rather than worst-case imagination.
She offers both full representation and unbundled (limited-scope) services, so clients who mostly want to handle their own case can get help with the specific pieces that matter — drafting a parenting plan, reviewing a proposed settlement, or preparing for a hearing — without paying for full representation.
The firm serves clients throughout New Hampshire, including Manchester, Nashua, Concord, Hooksett, Derry, Londonderry, Salem, Bedford, and Merrimack. Which Circuit Court Family Division hears your case depends on the town you live in, not the nearest city — the Nashua and Concord pages set out exactly which towns each courthouse covers.
What we handle
Handled personally by Attorney Gilman, from the first phone call through the final order.
Contested and uncontested divorce, division of property and debt, alimony, and settlement agreements drafted to hold up years after the decree.
What most people still call custody. Parenting plans, residential schedules, decision-making authority, and relocation disputes under RSA 461-A.
Establishing, modifying, and enforcing support under New Hampshire's guidelines — including cases with self-employment income or a parent who is underreporting.
Advocacy for fathers seeking meaningful parenting time and a genuine role in decisions about their children.
Representation for petitioners seeking protection under RSA 173-B and for respondents facing an order — in both situations, a calm and prepared advocate matters.
Parents and guardians involved in DCYF proceedings need a lawyer who understands both the statutes and what is genuinely at stake.
When circumstances change — a job loss, a move, a child's changing needs — existing orders may need to change with them.
When the other parent stops following an order that a court already entered, enforcement proceedings put the issue back in front of a judge.
The process
Every case differs, but most follow a recognizable path through the Circuit Court — Family Division.
New Hampshire has residency requirements for divorce. Generally at least one spouse must have been domiciled in the state for a year, though there are alternatives when both spouses live here or the other spouse can be served in New Hampshire.
The petition states the grounds — most often irreconcilable differences, New Hampshire's no-fault ground — and identifies what you are asking the court to decide about parenting, support, and property.
Both spouses file a sworn financial affidavit listing income, expenses, assets, and debts. This document drives the support and property analysis, and an incomplete one causes problems for the rest of the case.
A divorce takes months. Temporary orders decide who lives where, what the parenting schedule is, and who pays what in the meantime. For many clients this is the most urgent part of the case, not the final decree.
Parents of minor children file a parenting plan covering the residential schedule, decision-making, holidays, and communication, and complete the state's required parenting education seminar.
Most cases resolve here. The Family Division routinely refers contested parenting matters to mediation, and a well-prepared position going in is what makes mediation productive rather than a stalling exercise.
If the parties reach agreement, the court reviews and approves it. If they do not, a judge hears evidence and decides the open issues. Either way the result is a final decree that governs going forward — until someone moves to modify it.
New Hampshire law
General information, not legal advice for your situation — but these are the frameworks a New Hampshire judge is working within.
Under RSA 458:16-a, essentially everything either spouse owns is marital property, and an equal division is presumed equitable. Courts can and do divide unequally when the statutory factors — length of marriage, health, contributions, inherited or gifted property, and others — support it.
RSA 461-A replaced "custody" with parental rights and responsibilities and directs courts to the best interests of the child, weighing each parent's relationship with the child, stability, ability to support the child's relationship with the other parent, and safety.
RSA 458-C sets support as a percentage of combined net income based on the number of children, apportioned between the parents. Deviating from the guideline requires the court to make specific written findings.
New Hampshire's alimony statute uses a formula as the starting point for term alimony, based on the difference between the parties' incomes and the length of the marriage, with room for adjustment. It made outcomes more predictable than they once were — but the inputs are still contested.
Frequently asked
For anything specific to your family, the free consultation is the right next step.
It depends almost entirely on how much is disputed. An uncontested divorce where both spouses already agree on parenting, support, and property can sometimes conclude within a few months of filing. A contested case involving a disputed parenting plan, a business, or complex assets more commonly runs a year or longer. The single biggest factor in the timeline is how many issues genuinely require a judge to decide.
Not automatically, though that is the starting point. Under RSA 458:16-a, New Hampshire treats essentially all property owned by either spouse as marital property and presumes an equal division is equitable. A court can order an unequal division when the statutory factors justify it — the length of the marriage, the parties' ages and health, fault in limited circumstances, one spouse's contribution to the other's earning capacity, and property brought into the marriage or received by gift or inheritance, among others.
No. New Hampshire allows a no-fault divorce on the ground of irreconcilable differences that have caused the irremediable breakdown of the marriage (RSA 458:7-a), which is how most divorces here proceed. Fault grounds still exist under RSA 458:7, and fault can occasionally matter to property division or alimony, but proving fault is not required to end a marriage.
New Hampshire uses statutory guidelines under RSA 458-C that apply a percentage to the parents' combined net income based on the number of children, then allocate the obligation between the parents in proportion to their incomes. Health insurance premiums, work-related childcare, and certain other costs are factored in. A court can deviate from the guideline amount, but only with specific written findings explaining why.
Yes. Parenting plans and support orders are not permanent. Support can generally be reviewed after a set period or sooner on a substantial change in circumstances, and parenting plans can be modified under the standards in RSA 461-A:11. Job loss, relocation, a child's changing needs, and safety concerns are among the reasons parents return to court.
New Hampshire requires parents in divorce and parenting cases involving minor children to complete an approved parenting education seminar known as the Child Impact Program. It covers how separation affects children and how to reduce that impact. It is a requirement, not a punishment, and most parents complete it early in the case.
One lawyer cannot represent both spouses. Where a couple genuinely agrees, unbundled or limited-scope representation is often a good fit — the firm helps with specific tasks such as drafting or reviewing the settlement agreement and parenting plan while you handle the rest yourself. That keeps costs down while making sure the documents you sign say what you actually intend.
Yes. Attorney Gilman regularly represents fathers seeking meaningful parenting time and a fair share of decision-making. New Hampshire law does not favor mothers over fathers — RSA 461-A directs courts to consider the best interests of the child — but fathers often benefit from an advocate who will document their involvement and press for a parenting plan that reflects it.
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