Recent Blog Posts

What is Lump Sum Alimony?

Raleigh Family Lawyer — Sat, 18 Feb 2012 18:24:00 GMT

Before you sign a divorce settlement agreement, it is important to understand divorce, property division, and alimony laws in your state. By understanding the laws and speaking with a Raleigh family law attorney, you'll have knowledge of what types of alimony you may be entitled to, such as lump sum alimony. Lump sum alimony, also referred to as alimony in gross, refers to a fixed payment that cannot be changed under most circumstances. For example, whereas other alimonies will end when you remarry, lump sum alimony will continue to be paid.

In some cases, divorcing parties decide on lump sum alimony instead of battling it out over property division. It can provide tax benefits for the payor and can be used as a type of reimbursement program for one spouse even if that spouse remarries. Once both parties have agreed to lump sum alimony, it is very difficult to have the parameters of the agreement changed. Therefore, it is important to be absolutely satisfied with your divorce settlement before signing the papers. To learn more about lump sum alimony and other forms of spousal support, contact the Hopper Law Firm today and arrange a consultation with a Raleigh family lawyer who can address your questions.

Issues You Will Need to Address during Your Divorce

Raleigh Family Lawyer — Sat, 11 Feb 2012 16:35:00 GMT

Although no two divorces are exactly alike, there are similar issues that almost every divorcing couple needs to consider. By understanding what these are beforehand, your divorce can be processed faster and with less aggravation. The first and often foremost issue is property division. Whether you are a multi-millionaire or live modestly, you will need to consider how to split your marital property. This can include anything that you acquired during your marriage, as well as money that was made during that time.

While you are discussing finances you will also need to consider the possibility of support payments. This can include child support and/or spousal support. Depending on the finances of both parties, it is possible to ask your spouse for support or expect your spouse to ask for support from you. If you do have children, the last important issues are custody and visitation rights. Generally, family law attorneys agree that you should work out an agreement with your spouse regarding custody rather than allowing a judge to decide for you. If you are filing for divorce and know that certain issues will be contentious, take the time to consult a Raleigh family lawyer from our firm to make sure you have a legal advocate on your side. To arrange an initial consultation, contact the Hopper Law Firm today.

Juveniles and Emancipation

Raleigh Family Lawyer — Sun, 05 Feb 2012 04:30:00 GMT

Are you considering emancipation from your parents? If so, you need to fully understand what emancipation means and how you can obtain this type of legal separation. If you are under the age of 18 you are considered a minor. As such, your parents are allowed to make most of the decisions in your life. However, there are times when children under the age of 18 will seek emancipation from their parents. In most states, children can do this is between the ages of 16 and 18, but they must be prepared to go before a judge to request emancipation.

Once in front of a judge, the burden of proof rests on the minor to show why he/she should be allowed to be emancipated from his/her parents. For example, if the minor can show that there has been a history of physical abuse or domestic violence, he/she may have a strong case for emancipation. If the judge agrees that emancipation is in the best interest of the minor than that child will be considered an adult by law. Once this happens, the minor can do things that other adults do, like enter legally binding contracts. If you have questions about a family law matter in North Carolina and would like immediate answers, take the time to contact the Hopper Law Firm and discuss your concerns with a knowledgeable Raleigh family lawyer.

New Play Pokes Fun at Divorce

Raleigh Family Lawyer — Sun, 29 Jan 2012 04:55:00 GMT

A new play has hit the stage and it has many people talking. The production takes a common theme to an uncommon arena and attempts to make it hilarious. The show, entitled "Divorce Party the Musical," revolves around a recently divorced woman. She is portrayed as an overweight, frumpy female who makes a transformation that leaves her thin and beautiful by the end of the play. While this may make divorce sound easy and even transformative, it is just supposed to bring about a few laughs.

The play was written a veteran producer, Mark Schwartz, who has been through several divorces himself. He partnered with the author of a famous divorce book, Amy Botwinick, and the two wrote the production that now has audiences laughing hysterically. Botwinick's book is entitled Congratulations on Your Divorce: The Road to Finding Your Happily Ever After" and details her complicated breakup. Even though the play is meant to make people laugh, people involved in the divorce process know that it is not a laughable matter. Divorce is actually quite serious and can be complicated. For this reason, those pursuing a divorce in North Carolina may wish to seek counsel from a Raleigh family lawyer from our practice. To learn how we can be of assistance to you, contact the Hopper Law firm now!

Dealing with Your Children during Your Divorce

Raleigh Family Lawyer — Sun, 22 Jan 2012 02:45:00 GMT

While getting a divorce is never easier, it is even harder for your children. That is why you need to protect their needs and feelings during the divorce even when your own feelings have been hurt.

There are several things you should keep in mind during the divorce process. One of the most important things you can do for your children is to remain calm. Do not fight with your spouse in front of your children at any time. While you may be seriously angry and hurt due to the actions of your spouse, your children do not need to hear about it. If you need to discuss something with your spouse, do it in another room or wait until your children are not home.

If your child has questions about the divorce, try your best to answer them. While there are certain things that your children do not need to know about, you can answer some questions that will help to put them at ease.

Finally, to make the process somewhat easier, take the time to consult a Raleigh family lawyer from our practice who can help you get through this difficult time. To enlist our law office's help, contact the Hopper Law Firm now.

Actor Divorces Wife of Thirty Years

Raleigh Family Lawyer — Sat, 14 Jan 2012 22:55:00 GMT

Another Hollywood couple has called it quits after decades of marriage. According to numerous news outlets, a famous actor has finalized his divorce from his wife of thirty years.

As per both parties' request, the details of the divorce settlement will be kept secret. Since the two did not sign a prenuptial agreement and sought their divorce in California, the wife is likely to have walked away with a serious amount of cash. California is a community property state which means that unless a couple has a prenup, the assets amassed during the marriage will be split equally between both parties.

The actor is reported to have made as much as $850 million while married to his wife. The two have seven children together which mean that he will also have to pay a significant amount in child support as well as alimony. Only one of their children is considered to be a minor so child custody should not be an issue in the settlement.

If you are going through a tough divorce and would like legal representation throughout your case, contact the Hopper Law Firm now to set up a time to meet with a Raleigh family lawyer from our office who can assist you.

Most Shocking Divorce List Published

Raleigh Family Lawyer — Sat, 07 Jan 2012 21:20:00 GMT

An online news source published their list of the five most shocking divorces of 2011. The top five included celebrities and a former governor, all of whom have some serious settlements to consider.

One of the couples, a basketball player and his wife, is likely to have all of their property split down the middle. That is because they are seeking a divorce in California which is a community property state. Since the two were married for over ten years and did not sign a prenuptial agreement, the wife could walk away with half of his assets, which some believe to be $150 million.

The governor and his wife split after 24 years of marriage. While their marriage looked happy on the outside, there was a quiet turmoil on the inside. When rumors of infidelity broke out about the governor, the wife did not waste any time in filing for divorce.

If you are going through a challenging divorce, now is the time to contact the Hopper Law Firm. After you contact our firm, you will have the chance to have your case reviewed by an experienced Raleigh family lawyer.

TV Star Hesitant to Pursue Child Support

Raleigh Family Lawyer — Sat, 31 Dec 2011 20:35:00 GMT

One of the newest stars of reality TV is certain to provide some juicy story lines for the viewing public. She is in the process of divorcing her husband but will not be seeking child support from him. Why? Because she is worried about airing her dirty laundry on air.

Viewers watched last week as she fought with her own attorneys about the details of her divorce. While she seemed unprepared on TV, media insiders reveal that she was just trying to avoid having the details of her personal life shown to the viewers. As part of her divorce proceedings a judge ordered the couple to sell their home and split the profits. However, the husband was later asked to give her an additional $425,000 once the house was sold.

The husband alleges that his wife tricked the judge into believing that he should pay the extra amount. No matter what the reason, she apparently has enough money to raise their children without his support at the moment.

If you are hoping to obtain child support payments in North Carolina, you'll want to work with a Raleigh family lawyer from our law office. To engage our legal services, guidance and help, contact the Hopper Law Firm today.

Getting a Prenuptial Agreement as an Older Couple

Raleigh Family Lawyer — Sat, 24 Dec 2011 23:55:00 GMT

While many couples don't even think about signing a prenuptial agreement, this type of document is recommended for couples that marry during their later years. When you decide to get married after the age of forty, you are likely to be bringing certain things into your marriage that a younger person may not. You could have already been married, have children and have property of your own that you would like to hold on to.

If that is the case, you should consider signing a prenuptial agreement with your partner. While this legal document does focus on finances, it will help you discuss other important things that will be important in the case of a divorce or death. These include how you will share expenses in the future, whose medical insurance will be used and how much of your personal property do you want to be kept for your children.

If you are interested in creating a prenuptial agreement, get the legal help you need today by contacting the Hopper Law Firm. Once contacted, you will have the chance to work with a Raleigh family lawyer from our team which will make the prenup process much easier for you.

Paternity Actions to Establish Father Relationships

Raleigh Family Lawyer — Sat, 17 Dec 2011 19:10:00 GMT

There are times when establishing paternity is a struggle. In these cases, either parent can petition the court to have a DNA test conducted in order to confirm or deny paternity. This is done by filing a petition, or a paternity action, that can be approved by a judge.

In many cases, the mother of a child will file such a petition in order to demand child support from the biological father. If the man that she believes to be the father refuses to take the blood test, it is up to the mother to show the court why the man in question is the father.

However, a man can also file a paternity action if he questions the paternity of his child. Either way, paternity is established through simple blood work that can determine a DNA match with nearly 100 percent accuracy.

If you want have questions related to paternity and how it will impact child support or child custody, contact the Hopper Law Firm as soon as possible. We will arrange a time for you to speak with a Raleigh family lawyer from our office so you can get answers to your questions.

Child Custody: Mothers and Fathers Have Equal Rights

Raleigh Family Lawyer — Sun, 11 Dec 2011 00:00:00 GMT

Does it seem that most courts are apt to give child custody to mothers over fathers? While this has been true in the past, the paradigm is slowly shifting due to fathers' rights.

Over the past few decades, most courts have been prone to awarding custody of children five and under to mothers. However, this has changed recently as more courts are trying to award joint custody when it is applicable. If both parties can show that they are able to take care of the child full-time and want to, the courts will try to grant those wishes.

However, in most cases the mother is still the person who receives sole physical custody. This is done by agreement with the father who will then be given visitation rights. Many people believe that a mother is better suited to care for children, whether it is because she has more time or better understands the needs of the children.

Are you going through a child custody battle and hoping to reach a resolution? If so, contact the Hopper Law Firm to engage the services of our Raleigh family lawyers as we can be of great assistance to you.

Laws Regarding Visitation

Raleigh Family Lawyer — Sat, 03 Dec 2011 20:06:00 GMT

Did you know that as a grandparent, you can ask for visitation rights? Depending on what state you reside in and your relationship with the child, it is possible to petition the court to demand visitation.

Although all states have laws regarding grandparent visitation, some make it harder than others to qualify. These laws can also extend to other influential people in a child's life, such as foster relatives and step relatives.

Currently, there are twenty states that have restrictive visitation laws, meaning that only the grandparents are allowed to get visitation rights. In other states, however, there are more relaxed laws that don't even require a parent to authorize the right to visit with a grandchild.

To learn more about visitation rights in the state of North Carolina, we encourage you to contact the Hopper Law Firm and set up a consultation. By speaking with one of our Raleigh family lawyers, you will have a better understanding of visitation and your rights.

Contemplating Divorce: A List May Help

Raleigh Family Lawyer — Sun, 27 Nov 2011 03:30:00 GMT

Are you contemplating divorce? If you are like most people in this situation, you may still be uncertain as to whether you actually do want to separate from your partner or not. It is not uncommon to go through a period of ambivalence. However, you can take control by creating lists.

Experts say that creating lists regarding your feelings towards your marriage and divorce can make the decision-process more rational. This allows you to look at your marriage objectively even though emotions are certain to influence your final decision.

Start by looking at your life together and whether there is still loved involved. Then you can open the parameters to include joint friends and family, children, the services that your spouse provides as well as finances.

If a simple list does not help, try assigning numerical values to the lists. Weigh the divorce against the marriage numerically to help you decide emotionally whether to file or work it out with your spouse.

Once you have started to reach your decision, you may wish to consult with a Raleigh family lawyer from our firm who can inform you of your options and provide direction during this tough time. To get help from our team, contact the Hopper Law Firm today.

What is Parental Alienation?

Raleigh Family Lawyer — Sun, 20 Nov 2011 02:10:00 GMT

Are you in the process of divorce? Have you been fighting recently with your spouse? If so, you need to be careful to avoid something called parental alienation.

Sure, every divorce is bound to bring some unsettling emotions to the surface towards your partner. But, when you take these emotions and use them to create a rift between your child and his/her parent, that is not right. This is called parental alienation and it can actually get you in a lot of trouble.

If a judge discovers that you are engaging in parental alienation, the outcome of your divorce settlement can be seriously affected. In essence, any time that you create a negative picture of the other parent to your child, this is a form of alienation and abuse. When you actively seek to separate your child from the other parent, the affected party could go to court and argue that you should not have custody of the child at all due to the emotional trauma inflicted on the child.

If this happens, the court will always look to act in the best interests of the child in questions, which means your child custody arrangement may be impacted.

Are you a victim of parental alienation? Is this impacting the time you have with your child? Put an end to this maltreatment now by contacting the Hopper Law Firm to enlist the services of our experienced Raleigh family law attorneys.

Divorce Can be Easy or Complicated

Raleigh Family Lawyer — Sat, 12 Nov 2011 23:50:00 GMT

The process of absolute divorce is actually quite simple. You and/or your spouse can file a petition of divorce with the clerk of your local court. After waiting the amount of time specified by your state's laws, you and your Raleigh family lawyer can appear in court and obtain a divorce order from a judge. Once the order is signed, your divorce is final and you are allowed to re-marry if you so choose.

However, divorce is usually much stickier than this simple process because it often also involves issues of property distribution, alimony, child support, and child custody. Depending upon the length of your marriage, the amount of assets you have, whether you have children with your spouse, and the state that you reside in, your divorce can take anywhere from a few weeks to a few years to complete.

Ideally you and your spouse will be able to agree upon the division of your assets and any necessary support without much conflict. When this is not the case, our firm's family law attorneys can help couples work through their divorce proceedings as quickly and painlessly as possible. To learn how we can be of assistance during your divorce, contact the Hopper Law Firm now.