Couples approaching divorce have a number of options for how they proceed. While some spouses may feel they have already exhausted every possible avenue for negotiating a fair settlement without the court’s involvement, in other situations a neutral third party may be able to support the divorcing partners in finding their way to an equitable resolution for at least some of the issues that must be decided before their divorce can be finalized by the courts. For these couples, divorce mediation can be an attractive and potentially cost-saving option. If you have questions about the New Hampshire divorce mediation process, consider reaching out to Friedman & Bresaw, PLLC’s knowledgeable family law team to review your situation and discuss how divorce mediation might play a role. Call (603) 707-4800 in Belknap County or anywhere in the Lakes Region to schedule a personalized consultation.
How Does Divorce Mediation Work in New Hampshire?
While some parties prefer to select and work with a mediator independently, prior to filing their petition for divorce, couples divorcing in New Hampshire also have the option to request mediation directly through the New Hampshire court system, either before or after they have filed their initial petition. New Hampshire courts work with family law mediators certified in the state to provide divorce and parenting mediation services. Parties can represent themselves during the divorce mediation process, but in many cases the divorcing spouses who choose to work with professional legal counsel are accompanied and supported by their individual attorneys as they move through the family law mediation process. If you have questions about the role of an attorney in the divorce mediation process, a member of the family law team at Friedman & Bresaw, PLLC may be able to assist you.
New Hampshire Divorce Mediation Outcomes
For mediations scheduled through the courts, the divorce mediation process will begin with an initial session of up to four hours. The New Hampshire Judicial Branch identifies the following possible outcomes for these sessions:
- Continuing mediation: If both of the divorcing spouses as well as the neutral mediator all agree that further discussion would be productive, the parties have the option to schedule another session to continue working through the issues in pursuit of a settlement acceptable to all involved.
- Full agreement: In the best case scenario, the divorce mediation process can result in a consensus. Consensus is reached when the parties arrive at a settlement both find acceptable that addresses all of the essential issues. In this case, the spouses can submit their completed agreement to the court for approval, without needing a New Hampshire judge to rule on any outstanding disputes.
- Partial agreement: Even a very productive mediation session may not completely resolve all disputes between the parties. At the same time, even a partial agreement can save time and expense in court by reducing the number of issues to be argued before the judge. When the divorce mediation process results in a partial agreement, each party will submit their own preferred settlement to the court, with the portions on which they have already achieved consensus clearly delineated. From there, the court will proceed to resolve the remaining issues on which the divorcing spouses have not been able to come to an accord.
- No agreement: Unfortunately, in some instances divorce mediation does not lead to even a partial agreement on the terms of the divorce settlement. Notably, “no agreement” is distinct from “continuing mediation”; in the continuing mediation scenario, the parties do not leave their mediation session with a signed divorce settlement ready for presentation to the court, but all involved remain hopeful that at least a partial agreement may still be attainable with further negotiation. A “no agreement” outcome, by contrast, means that a settlement has not been achieved and there is also no consensus that further discussion will be productive. In these instances, the divorce mediator will notify the court regarding the lack of progress, and the court will schedule the next step in the legal proceedings.
The Role of Mediators in a New Hampshire Divorce
New Hampshire divorce mediators can play an important role in helping divorcing spouses navigate the challenges of their situation, including such crucial considerations as the division of marital property and how the former spouses will handle their responsibilities as coparents. Central to the concept of divorce mediation is the status of the divorce mediator as a neutral third party. This neutrality helps the mediator to facilitate communication between the divorcing spouses and supports the mediator’s efforts to foster cooperative discussions in the service of discovering, collaboratively, a settlement that will be fair to all involved.
Issues Commonly Addressed in the Divorce Mediation Process
Divorce mediators may assist spouses in maintaining a productive and solution-oriented approach to their discussions across a wide range of topics that the typical divorce settlement may need to address. While each divorce will be unique, some common areas covered may include:
The Division of Assets
The division of assets will be essential in almost any divorce. Even in situations where the parties have a signed marital agreement that addresses much of their shared property, there are still likely to be practical considerations for the distribution of both assets and liabilities that could not be fully accounted for in advance. If the couple cannot come to an agreement on their own or with the assistance of a trained mediator, a New Hampshire court will divide the property for them according to the state’s equitable distribution laws – but a mutually agreed-upon arrangement between the separating spouses is usually preferred, not least because such agreements tend to find more favor with both parties, who during mediation will have the opportunity to consider their own priorities and engage in negotiation to improve their chances of securing an outcome that aligns with their individual goals.
Child Custody and Parenting Arrangements
Any agreement the parents reach will have to be approved by a New Hampshire court before it is considered valid and binding, but the parties to a divorce in the state are required to file a parenting plan with the court presiding over their case. The Parenting Plan form provided by the New Hampshire Judicial Branch outlines the major criteria the plan must meet to be accepted by the court under state law. Among the several areas the form addresses are common points of contention such as where the child(ren) will stay during holidays of differing lengths, who will be responsible for a variety of decisions relating to overall upbringing, and – very importantly – how any disagreements not otherwise provided for in the parenting plan will be handled as and when they arise. A skilled divorce mediator can support the parties in developing a parenting plan that will meet with the court’s approval, thereby removing a point of friction common in divorce proceedings.
Child Support
Child support obligations in New Hampshire are governed by § 461-A:14 NH Rev. Stat. (2023), which establishes that the family law court will issue support orders “as shall be most conducive” to the children’s benefit and make “reasonable provision” to ensure their education and financial maintenance. Divorcing parents not uncommonly disagree about the support arrangement they consider “most conducive” to their children’s benefit, and what provisions they believe to be reasonable. The New Hampshire Department of Health and Human Services (DHHS) provides a child support worksheet divorcing parents can use in estimating their likely child support obligations, but even with the worksheet as a guide many couples find themselves engaged in bitter disputes over the idea of either putting money into the other’s hands – even when the money is for the maintenance of their own children.
A divorce mediator can often defuse emotionally fraught discussions over such financial concerns. In many cases a skill mediator achieves their goal of bringing parents to the bargaining table by redirecting the conversation to focus on the children’s needs. A neutral third party can be a tremendous asset in helping couples engaged in pre-settlement negotiations to avoid the temptation to slip into recriminations or airing grievances, and in putting the emphasis in child support discussions where it belongs: on identifying the children’s needs and developing practical strategies for meeting them.
Alimony or Spousal Support
Unlike child support (in cases where the couple has children), alimony is not automatically a consideration in a New Hampshire divorce. However, alimony – also known as spousal support – often forms an important part of the divorce mediation process. Because it is very common for one spouse to have significantly greater income than the other at the time of the divorce, and in many households one spouse has deprioritized or even suspended their own pursuit of paid work outside the home in order to assume the lion’s share of the responsibilities associated with managing the household, New Hampshire courts are frequently willing to entertain requests to order some degree of spousal support.
The criteria under which spousal support may be awarded are outlined in § 458-19:A NH Rev. Stat. (2023), but the general guidance governing the spousal support determinations of New Hampshire family law courts are sufficiently flexible to allow divorcing partners some room for negotiation. A divorce mediator will often work to bring the spouses to a settlement regarding alimony payments that they can submit to the court for approval, thereby streamlining one of the more frequently contentious aspects of a divorce and facilitating an equitable outcome.
Seek Help Navigating Mediation in Your New Hampshire Divorce
The divorce mediation process can be intimidating, for a variety of reasons. Many spouses entering into the process may have questions about the structure of the process and their options during and after New Hampshire divorce mediation. If you are facing the prospect of a divorce in New Hampshire and assessing your options for mediation, consider reaching out to the experienced family law team at Friedman & Bresaw, PLLC and scheduling a personalized consultation with one of our understanding family law attorneys to review the divorce mediation process and discuss your concerns. Call (603) 707-4800 today to speak with a member of our staff.
