James Ogorchock’s Answers

James Ogorchock

Manchester Divorce / Separation Lawyer.

Contributor Level 2
  1. New Hampshire Divorce, Petitionee has been served properly, but I expect nothing in return. What then?

    Answered about 1 year ago.

    1. James Ogorchock
    2. David Scott Carron
    2 lawyer answers

    Once you file the Return of Service and the other required papers, you can request an expedited hearing, and possibly be done in just a few weeks depending on the court and the circumstances, but you may wish to consider annulment instead of divorce for various reasons if the marriage was only for 44 days.

    1 person marked this answer as helpful

  2. Is this defamation of character? What should I do?

    Answered 10 months ago.

    1. Sandra A Kuhn Esq.
    2. James Ogorchock
    3. Lorraine Miguel Medeiros
    3 lawyer answers

    Allegations in the judicial process typically enjoy absolute immunity, so his pleadings, unless filed in bad faith, are likely not actionable. Statements to counsel are likely not actionable either. However, your question alleged that he had been telling "people." If they are people outside of the judicial process (such as friends), you may have a defamation claim.

  3. My sons grandparents on his fathers side are currently taking me to court for grandparents rights. what do i do?

    Answered over 1 year ago.

    1. James Ogorchock
    1 lawyer answer

    This is an are where you should retain a lawyer to advise you. NH does provide a mechanism for grandparents to seek to assert their rights: 461-A:13 Grandparents' Visitation Rights. – I. Grandparents, whether adoptive or natural, may petition the court for reasonable rights of visitation with the minor child as provided in paragraph III. The provisions of this section shall not apply in cases where access by the grandparent or grandparents to the minor child has been restricted for...

  4. My wife and I are getting divorced. We haven't filed yet and still live together. But she dates other men. Is this adultery?

    Answered over 1 year ago.

    1. Marie Nancy Sapienza
    2. James Ogorchock
    3. Dean George Tsourakis
    3 lawyer answers

    Keep in mind that dating alone is not adultery. "Adultery" is defined by NH RSA 645:3 which states: "Adultery - a person is guilty of a class B misdemeanor if, being a married person, he engages in sexual intercourse with another not his spouse or, being unmarried, engages in sexual intercourse with another known by him to be married." Don't get too excited. Even if you could prove the adultery, no prosecutor is going to bring the case. In the divorce context, adultery is one of the...

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