Recent Blog Posts

Can You Stay on Your Ex's Health Insurance After Divorce?

Raleigh Family Lawyer — Sat, 12 May 2012 19:35:00 GMT

When people are about to go through a divorce, they have a plethora of questions on their minds. These questions may include: How long will the process take? Who will get custody of the kids? How will property be divided? Another question people may wonder about is whether or not they can stay on their exes' health insurance once their divorces are final. If you are wondering about this question in particular, you should know that in most cases, you will not be able to remain on your ex's health insurance. This is due to regulations by the insurance industry.

However, your children can remain covered by your ex's health insurance. If you are about to go through a divorce, you'll want to seek your own private health insurance as soon as possible. Or, if your employer offers coverage, you will want to apply so you are covered in the event of illness or a medical emergency. If you are unemployed, you can apply for COBRA, but this coverage only lasts 36 months so you'll need to decide what you will do once the time lapses. Have additional questions about what will happen after your divorce? Contact the Hopper Law Firm now to speak with a Raleigh family lawyer!

Considering Mediation to Solve Divorce Conflicts

Raleigh Family Lawyer — Sat, 05 May 2012 20:10:00 GMT

More and more people are turning to divorce mediation in lieu of spending months or even years arguing to get family law matters resolved. This option can not only lead to a faster divorce settlement but save both parties money that would be spent on court costs. If you are seriously considering divorce in the state of North Carolina, you may wish to speak with a Raleigh family lawyer that offers mediation services. An experienced mediator can talk you through the initial stages of filing for divorce and what to expect. Despite what you may think, a law firm offering divorce mediation can do more than just help you through the emotions and conflicts involved in your divorce. There are many divorce mediation firms that assist their clients during every stage of the divorce, from filing to signing the final settlement papers.

While divorce can be a stressful and emotional time, mediators help you get through the important issues without playing on your emotions. Instead of fighting, mediation allows you to work together with your spouse and his or her attorney to make your divorce as fast and pain-free as possible. If you want to know more about the benefits of divorce mediation, contact the Hopper Law Firm today to arrange your initial case evaluation with our team.

Supreme Court Overturns Prenuptial Agreement

Raleigh Criminal Defense Lawyer — Sat, 28 Apr 2012 17:35:00 GMT

In most cases, a prenuptial agreement is very hard to dispute during a divorce. In the case of one Nebraska couple, however, the state's Supreme Court has ruled on behalf of the wife. The justices claim that the prenuptial agreement likened her to an "indentured servant" during the length of their marriage. The judges overhearing the case learned that the wife, V.M., was given the prenuptial agreement to sign just a few days before the wedding. News sources say she was essentially coerced into signing the document by her then-fiancé, K.M. Since the wedding was already planned, the dress and cake purchased and the guests all set to arrive, the judges felt that the wife did not have ample time to review and consider the terms of the prenuptial agreement that she signed.

Based on the wording of the document, V.M. would essentially be forced to spend her life as a housewife with no possibility of accruing her own assets. As a result, her husband could have left her nearly penniless if the prenup had not been overturned by the court. If you have questions about a drafting a prenuptial agreement or would like your marital contract reviewed before signing it, contact the Hopper Law Firm now to set up a time to speak with an experienced Raleigh family lawyer who can provide insight and counsel.

Terms of Cesar Milan's Divorce Made Public

Raleigh Family Lawyer — Sat, 21 Apr 2012 15:15:00 GMT

News sources have reported that Cesar Milan's divorce has been finalized. Milan, known as the Dog Whisperer, recently went through the divorce process in California and documents related to the termination of his marriage were made public. According to the documents, Milan earns approximately $170,000 per month. The judge overseeing his case decided to award Cesar's former wife, Ilusion, a one-time payout of $400,000. In addition to that amount, Milan has been ordered to pay $23,000 per month in alimony as well as $10,000 per month in child support payments.

The judge also ordered that any intimate or personal information related to Cesar or Milan must remain confidential. Specifically, the judge decreed that any "photograph, film, videotape, recording ... which is not commercially available" must remain out of the public's eyesight as part of the divorce settlement. Are you going through a divorce where alimony, child support or property division will be an issue? If so, contact the Hopper Law Firm now to enlist the services of a Raleigh family law attorney that can protect your rights and best interests as you end your marriage.

Former Atlanta Falcon Arrested for Past Due Child Support

Raleigh Family Lawyer — Sat, 14 Apr 2012 18:20:00 GMT

News sources have issued reports that William Andrews, a former Atlanta Falcons player, has been arrested on charges of failure to make child support payments. The former NFL athlete was detained by the Cobb County Sheriff's Department after a warrant was issued for his arrest. News sources say this is not the first time that he has spent time behind bars. In 2004, he was arrested for being in contempt of the court. Andrews was brought to jail again in 2006 on theft charges.

At this time, it is unknown how much he reportedly owes in back child support payments. Andrews is currently being held without bond in a Cobb County jail. Are you having trouble making your child support payments? If so, it is important that you discuss your financial situation with a Raleigh family law attorney as soon as possible. With assistance from a lawyer, you may be able to file a motion to have the amount of your monthly child support payments modified. To learn more about this possibility, contact the Hopper Law Firm today to arrange your case evaluation with our law office.

39% Increase in Cohabitation Agreements Over Past 5 Years

Raleigh Family Lawyer — Sun, 08 Apr 2012 02:05:00 GMT

Did you know that there is a type of prenuptial agreement for couples that are unmarried? It is called a cohabitation agreement and it is growing in popularity. These types of agreements are popular amongst couples that have been together for several years, own property together and/or have kids. Although they have agreed to not get married, they still want to protect their assets and other legal rights in the event that they should separate. A cohabitation agreement can cover many of the same issues as a prenuptial agreement such as division of property, child custody and even alimony.

A recent survey of divorce lawyers showed a 39% increase in cohabitation agreements over the past five years. The majority of these contracts were drawn up by heterosexual couples who accounted for 70% of clients seeking cohabitation agreements. Divorce attorneys have also seen an increase in the number of unmarried couples who are forced to go to court to argue over the same issues that would be covered by a prenuptial or cohabitation agreement. If you would like to learn how a cohabitation or a prenuptial agreement can protect you and your assets, contact the Hopper Law Firm today to arrange a time to consult a Raleigh family law attorney from our office. We will take the time to explain these agreements to you and provide you with relevant legal information and advice.

Qualifying for an Annulment

Raleigh Family Lawyer — Sat, 31 Mar 2012 16:10:00 GMT

Are you curious about whether you qualify for an annulment? While each state has its own laws regarding annulment, they are based on some of the same principles. Unlike a religious annulment which must be granted by the church, a civil annulment is a legal procedure that is overseen by a state's government. A civil annulment treats your divorce as though it never happened, but it also requires division of property and assets, just as in a regular divorce case.

If you want to obtain an annulment, you will need to show that your marriage should never have taken place. You can do this by proving concealment, misunderstanding, misrepresentation, fraud and/or refusal. In most cases, the court will need to see that your spouse purposefully hid something from you that seriously affects the marriage before granting an annulment. Examples of this include the inability to have children, a severe addiction, being underage or having a felony conviction. If you are wondering what is the best way to terminate your marriage in North Carolina, consult a Raleigh family lawyer today by contacting the Hopper Law Firm. We will review the circumstances surrounding your marriage and advise you of the best course of action for your individual situation.

Courts Rule Adoptive Mother Must Pay Child Support For Boy She Sent Back To Russia

Raleigh Family Lawyer — Sun, 25 Mar 2012 03:20:00 GMT

Relations between Russia and the United States have been strained due to an incident involving a woman and her adoptive son. A court in Tennessee has since ordered the woman to pay support for the child that she gave up nearly two years ago. The story caused international scandal when T.H. put her adoptive son back on a plane to his native Russia. The little boy, just 7 years old at the time, had his luggage and a note explaining that she could not keep him any longer because he was supposedly too violent.

When he arrived back in Russia the authorities demanded that American officials step in and reprimand the mother. A judge ruled this month that the woman would need to keep making child support payments even though she would no longer have custody of the boy. Since she signed an agreement with the adoption agency to take care of his financial needs, the court is holding her responsible for them. Do you have questions related to paying or obtaining child support in North Carolina? If so, take the time to contact the Hopper Law Firm so you can receive immediate answers from a knowledgeable Raleigh family lawyer who can provide you with insight as well as representation.

A Divorce Trial is Similar to Other Types of Trials

Raleigh Family Lawyer — Sun, 18 Mar 2012 03:20:00 GMT

While many divorcing couples will eventually reach a settlement out of court, there are some that simply cannot agree when it comes to the terms of their divorce. In these cases, the matter will have to be taken to civil or family law court and a judge will have to get involved. Just as in a regular trial, both attorneys will present evidence to the court to support their cases. This evidence is generally presented in three ways - through spouse testimony, witness testimony and documentation. Depending on what the issues of contention are, the attorneys will need to present evidence to demonstrate why their clients' terms should be accepted by the judge overseeing the case.

As evidence is presented before the court, the opposing attorney will be given the chance to question witnesses and examine documentation. After all of the evidence is presented and reviewed, the family court judge will decide on a final divorce settlement and related issues, such as child custody. The divorce decree will then be finalized by the judge and its terms will have to be upheld by both parties involved. If you are going through a tough divorce in North Carolina and know that you are in for many fights with your spouse, it is a wise idea to hire a Raleigh family lawyer from our team. To enlist our help, contact the Hopper Law Firm today!

New Legislature may Complicate Domestic Violence Protections and Domestic Partnerships

Raleigh Family Lawyer — Sun, 11 Mar 2012 02:20:00 GMT

Legislators in North Carolina are working to add an amendment to the state constitution. While its purpose is to prevent same-sex marriages from happening in the state, it could cause problems for heterosexual couples, too. According to several legal experts at the University of North Carolina, the amendment could endanger heterosexual couples as well in regards to domestic violence related issues. Since the language of the amendment is so broad, it could take away freedoms that heterosexual couples have when it comes to protection by the state if they are dealing with domestic abuse.

In addition, the amendment would make it hard for local governments that have already approved domestic partner benefits to continue doing so. News sources say those governments that have already approved same-sex legal rights are working on ways around the amendment should it be enacted into law. Do you have questions about the protections offered to you by law as a victim of domestic abuse? If so, now is the right time to get answers from a knowledgeable Raleigh family law attorney by contacting the Hopper Law Firm. We will take the time to address your concerns and inform you of your legal rights according to North Carolina family law.

Property Division and Retirement Benefits

Raleigh Family Lawyer — Sun, 04 Mar 2012 03:13:00 GMT

Getting a divorce? You are likely in the process of sorting your property from your spouse's property. What you may not be aware of is that benefits that you and/or your spouse receive may also be considered property that is divisible during a divorce trial. Depending on what state you reside in, certain benefits can fall under the category of community property. As such, they can be split equally between both partners no matter who earned them. These benefits may include but are not limited to: ERISA plans, Employee Stock Option Plans, 401K and 403K, military pensions and Keogh's plans.

There are certain benefits that will not fall under the umbrella category of community property. These include compensation for injuries sustained in the military, social security payments, and disability awards for workers' compensation claims. Whether you have been married for one year or ten years, you will need to consider the division of retirement accounts as an essential part of your divorce. Become aware of North Carolina property division laws by contacting the Hopper Law Firm today to set up a time to speak with a knowledgeable Raleigh family lawyer from our office.

Divorce: The Process and The Petition

Raleigh Family Lawyer — Sun, 26 Feb 2012 02:20:00 GMT

Once you have decided to seek a divorce from your spouse, there are certain things that must be done in order to file properly. It is important to understand the filing process and what is included in a divorce petition. Generally, the spouse that wants a divorce must file the petition, which is sometimes referred to as the "complaint." The "petitioner," or the spouse filing for divorce, must include the reason for the dissolution of marriage in the documents. Once the papers have been filed, the divorce process starts. The papers will then be served to the second spouse who will have a certain time to respond.

The divorce petition itself will contain basic information such as the names and addresses of both spouses, the location and date of the marriage, as well as any children of the marriage. The petitioner must then outline the reason for divorce, whether simply or in detail, as well as how he/she would like to split up the property, handle custody of the children, and other important details. There is a lot of information and choices that must be considered when filing for divorce. For this reason, those pursuing divorce in North Carolina are encouraged to seek help from a Raleigh family lawyer by contacting the Hopper Law Firm.

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.