Melissa S Penson’s Answers

Melissa S Penson

Nashua Family Law Attorney.

Contributor Level 6
  1. Am I entitled to his retirement and alimony?

    Answered over 2 years ago.

    1. Jessica L. Burke
    2. Melissa S Penson
    2 lawyer answers

    I agree that you would benefit from a consultation with a family law attorney. Many attorneys offer free initial consultations. You can also ask for a referral from the New Hampshire Bar Association. If there is a large disparity between your two incomes, the Court could also Order your husband to pay your attorney's fees. Generally, in a long term marriage such as yours, all assets are divided 50/50. This means that you would receive 1/2 of the investments, 1/2 of the value of the home,...

    2 lawyers agreed with this answer

  2. While going through a divorce in new hampshire can you date other people if the divorce papers have been filed?

    Answered over 2 years ago.

    1. Mary Katherine Brown
    2. Melissa S Penson
    3. Mark Nickolas Longwell
    4. Keith Anthony Dias
    5. Ophelia Genarina Bernal-Mora
    5 lawyer answers

    I agree generally with the answers of the other contributors, but every case is very fact specific. Obviously, if part of the reason for the divorce or one of the claims in the divorce is that you were committing adultery, it might not be a good idea to start a relationship right away as it might provide some evidence to support your spouses' claim. In some cases, if you have minor children the Court may hold it against you if you begin dating someone who is harmful or detrimental to the...

    2 lawyers agreed with this answer

  3. What would a sentence be for violating probation, is it just the remainder of the sentence or can additional time be added on ?

    Answered over 2 years ago.

    1. Melissa S Penson
    1 lawyer answer

    You would greatly benefit from representation, as the person you are describing is at great risk for significant criminal penalties and incarceration. A violation of probation is a separate criminal offense, such as simple assault or theft. The maximum sentence that you can receive for a violation of probation is the same maximum sentence for the underlying offense for which the individual is place on probation. For example, if he was placed on probation for a Class B Felony offense of...

    2 lawyers agreed with this answer

  4. Can I sue my neighbor who hired a company to cut trees down off my property.

    Answered over 2 years ago.

    1. Melissa S Penson
    2. L. Maxwell Taylor
    3. Keith G Langer
    3 lawyer answers

    Based upon the information that you have provided, you certainly do have the ability to sue your neighbor for the damage to your property. It also appears that the neighbor has realized his 'mistake' and is dodging your phone calls. You would benefit from speaking with an attorney or having attorney representation in this matter. Our firm has several pending cases with similar facts as yours involving neighbors damaging or cutting down trees that were not on their property. You may also...

    2 lawyers agreed with this answer

  5. I rent to this couple and have there daugther familly move in with them but the couple I rent to move out

    Answered over 2 years ago.

    1. Melissa S Penson
    1 lawyer answer

    From your question, it is unclear if you have a lease agreement between yourself and the original couple. If you have a lease agreement that clearly states that they could not sublet the premises or limited the people who could stay within the premises, it appears (based upon the facts that you presented) that the original couple violated the lease. If so, you could begin the eviction process by serving the tenants with an eviction notice and demand for rent. You would benefit from...

    2 lawyers agreed with this answer

  6. My father has dementia, do i need an lawyer to draft a power of attorney document? He is willing to sign voluntarily.

    Answered over 2 years ago.

    1. Melissa S Penson
    1 lawyer answer

    Generally, one has to be competent (i.e. know what they are doing) when they execute and sign a power of attorney. If your father has dementia, he may be unable to effectively sign the power of attorney unless you can prove that at the time that he executed the document he knew what he was doing. You may want to consider a guardianship over your father through the probate court. You would benefit in speaking with both a Maine attorney and a New Hampshire Attorney experienced in probate and...

    1 lawyer agreed with this answer

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  7. Which jurisdictions law to follow?

    Answered over 2 years ago.

    1. Melissa S Penson
    1 lawyer answer

    In the United States, generally, juveniles (under 17) are treated very differently than adults. For example, juveniles are generally not convicted of 'crimes' and their records, because of their age, are confidential and cannot be released to the public. Generally, if the juvenile was convicted or found guilty (true or not true in New Hampshire) for an offense while they were a juvenile, they are not considered to have a criminal record when they become an adult and can answer "no" to those...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  8. Is my vacation payout honestly a marital asset?

    Answered over 2 years ago.

    1. Melissa S Penson
    2. Christine G. DeBernardis
    3. Peggy Margaret Raddatz
    3 lawyer answers

    So long as the payout is for vacation time that accrued during the marriage (even while the divorce is pending) the payout will be considered a marital asset that is subject to division or allocation.

    1 lawyer agreed with this answer

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  9. I called in a fake prescription refill,

    Answered over 2 years ago.

    1. Melissa S Penson
    2. Lars A. Lundeen
    2 lawyer answers

    The police cannot come to your home to arrest you without having a warrant to do so. If they see you in public committing a crime, then they can arrest you. If they see you pick up the prescription, they can arrest you then. I strongly suggest that you consult with a criminal attorney. Depending upon the prescription, size, amount, price, type of prescription, and your past record, you may face serious consequences. Many attorneys (such as myself) offer free initial 30 minute...

    1 lawyer agreed with this answer

  10. HOw do i respond to a Petition for contempt in N.H.

    Answered over 2 years ago.

    1. Melissa S Penson
    2. Christopher Buck
    2 lawyer answers

    Without actually seeing the Petition for Contempt, it is difficult to answer your questions. Generally, however, you can answer the Petition for Contempt either way. Your response should include a signature line in which you sign in the presence of a notary or justice of the peace. Contempt Motions and Contempt hearings can be tricky, with consequences including fines, payment of attorneys fees, and eventual risk of incarceration. I suggest that you speak with an attorney with regards to...

    1 lawyer agreed with this answer