NEWS AND INFORMATION
NHLA Wins Two Divorce Cases In the New Hampshire Supreme Court
NHLA Wins Two Divorce Cases In the New Hampshire Supreme Court
NHLA advocates assisted two domestic violence survivors in obtaining favorable results in their divorce cases. In both cases, the opposing parties appealed the decisions to New Hampshire�s Supreme Court. In June 2009, NHLA successfully defended these appeals. Tina is a refugee from Zimbabwe and a domestic violence survivor. She, her husband and their two sons, 8 and 10 years old, sought asylum in United States in 2006. While Tina had separated from her abusive husband before coming to the United States, the parties hadn�t divorced. Tina and the boys settled in New Hampshire where she filed for divorce in 2007. While Tina works a full-time job, she only makes $11.00 per hour. Therefore, she desperately needs child support to help in raising her boys. However, Tina�s husband didn�t want the divorce and made things very difficult for her. He claimed that New Hampshire�s laws should not apply, and that, rather, Zimbabwe�s laws governed. He also claimed that the older boy, who was born of another relationship, wasn�t his responsibility even though he had treated the boy as his own since he was an infant. The trial court ruled in Tina�s favor on both issues by finding that New Hampshire law applies and that the father continues to have parental responsibilities toward both boys. The husband appealed that decision to the N.H. Supreme Court. NHLA again represented Tina in that appeal. The Supreme Court upheld the trial court�s decision in Tina�s favor. Carrie is an immigrant from Thailand. She and her husband met in the United States and married here in 2004. They have two daughters. Carrie suffered physical and emotional abuse throughout the marriage. During the marriage, her husband sold the parties� only marital asset without Carrie�s knowledge, and spent all of the money. During the divorce, he argued that she was not entitled to any of the $120,000 profit from the asset, and that he shouldn�t have to pay any child support for their daughters. Carrie lives off only Social Security as she is too disabled to work. The trial court awarded Carrie a fair share of the marital asset and denied the husband�s request for no child support. The husband appealed this decision to the New Hampshire Supreme Court. NHLA continued representing Carrie in this appeal. In its decision, the N.H. Supreme Court found that the trial court had correctly decided the financial issues and the child support order in Carrie�s case. NHLA�s Domestic Violence Advocacy Project represents victims and survivors of domestic and sexual violence in family law and other civil legal matters. Our efforts augment those of the private attorneys who participate pro bono in restraining order and divorce work. Together we provide hope to domestic violence survivors and their children and help them not only to remain safe, but also to remain financially independent from their abusers.
