saparilas law

Domestic and Family Defense Attorney in Raleigh, NC

Saparilas Law - Raleigh, North Carolina

Domestic Defense and Family Law

Family Law Defense Attorney Domestic Law Lawyer Separation Agreement and 50-B Domestic Violence Protection Order Defense Attorney

Family law and Divorce Attorney Nick Saparilas is a highly trained and experienced lawyer with a history of excellence.

At Saparilas Law firm, we are committed to providing our clients with individualized solutions that will effectively and efficiently resolve their family law matter. We offer our clients a variety of traditional and progressive methods to achieve the desired result in their case.

Nick Saparilas is an experienced and zealous advocate in the courtroom who will always argue for best interests of his clients. However, we believe that litigation is one of many methods that can be used to resolve a dispute, and we offer our clients several alternative methods to settle the case without the financial and emotional strain of a trial. Our goal is to reduce the conflict, resolve the case, and to put our clients in a position to move forward with their lives.

Custody: Legal v. Physical? Joint v. Sole? Shared?

Promising to be the question that tugs on the heartstrings of every party involved "Who get's the kids?" can be handled tactfully, assertively and aggressively at Nick Saparilas Law. We understand that this is almost certainly the hardest time of your life. Custody and visitation are the legal terms in court ordered determinations of which parent the child lives with and the conditions for the child to visit the other parent. In North Carolina, the law does not favor either the mother or father. Rather, the courts look at the best interest of the child. Custody and visitation orders are never considered to be final, they can always be modified if a significant "change of circumstance" can be proven.

Custody and visitation cases are always unique to each families circumstances, several things are taken into consideration and must be evaluated and answered in each case. Who has legal custody? What church or school will your child attend? Which holiday does the child spend with you? What time and where may the other parent pick the child up? What time should the child be returned home? What is the procedure to follow if either of you are running late and won't be there on time? How much notice should you be given if the other parent is planning a vacation? How far away may the other parent move? There are many other issues, and you should never leave your children's future in the hands of an inexperienced attorney.

Call Nick Saparilas Law for a consultation and we can help ease your fears and begin to get your life back on track.

Alimony/Post-Separation Support

If you are considering separating from your spouse, or have already done so you may be uncertain whether alimony/spousal support is necessary or even possible and, if so, how the amount will be determined and whether it will be a temporary or permanent award and what the duration would be. The term "alimony" refers to a set monthly payment from one former spouse to another, ensuring that the economically weaker spouse will be able to support himself or herself. There are many determining factors when considering alimony in North Carolina such as: age, education, standard of living, ability to earn income, You want an experienced attorney to protect your interests, one who knows how alimony is determined, one who has successfully protected the rights of men and women in alimony proceedings.

At the Law office of Nick Saparilas, we have helped many men and women resolve alimony and spousal support claims. Nick Saparilas takes a straightforward and honest approach, making certain you fully understand the law, the process, your rights and your responsibilities at all times. He places a high priority on personal intimate service and attention. At the law office of Nick Saparilas, we work hard and closely with you to seek and promote cooperative solutions that save everyone time and expense.

50-B Domestic Violence Protective Order:

  1. A party may seek the protection of a civil protective order under 50-B of the N.C. General Statutes. An aggrieves party may get a "no contact" order for a year against the perpetrator if the act of domestic violence can be proven by the "preponderance of evidence".

  2. Domestic violence means the commission of one or more of the following acts upon an aggrieved party or upon a minor child residing with or in the custody of the aggrieved party by a person with whom the aggrieved party has or has had a personal relationship, but does not include acts of self defense:
    • Attempting to cause bodily injury, or intentionally causing bodily injury; or
    • Placing the aggrieved party or a member of the aggrieved party's family or household in fear of imminent serious bodily injury or continued harassment, as defined in G.S. 14 277.3, that rises to such a level as to inflict substantial emotional distress; or
    • Committing any act defined in G.S. 14 27.2 through G.S. 14 27.7.
  3. For purposes of this section, the term "personal relationship" means a relationship wherein the parties involved:
    • Are current or former spouses;
    • Are persons of opposite sex who live together or have lived together;
    • Are related as parents and children, including others acting in loco parentis to a minor child, or as grandparents and grandchildren. For purposes of this subdivision, an aggrieved party may not obtain an order of protection against a child or grandchild under the age of 16;
    • Have a child in common;
    • Are current or former household members;
    • Are persons of the opposite sex who are in a dating relationship or have been in a dating relationship. For purposes of this subdivision, a dating relationship is one wherein the parties are romantically involved over time and on a continuous basis during the course of the relationship. A casual acquaintance or ordinary fraternization between persons in a business or social context is not a dating relationship.
  4. As used in this Chapter, the term "protective order" includes any order entered pursuant to this Chapter upon hearing by the court or consent of the parties.

 

Separation Agreement

If you are recently separated, you probably feel emotionally distressed and concerned about your future and possibly the future of your children. Emotions run very high when a husband and wife decide to divide up their life. At Nick Saparilas Law we are here to add some order and help you feel comforted with your situation. Each family has individual circumstances that need personal attention and evaluation. These issues can include property and debt division, insurance coverage, child custody, child support, and alimony, but can also consist of any number of life details that are important to one or both spouses. Nick has experience in negotiations and discussions that will lead to mutually beneficial decisions between yourself and your spouse.

If an agreement can't be reached, the court divides the couple's assets and liabilities and makes, in the best interests of the children, decisions regarding child custody and child support. This can be extremely costly and lengthy.

Let our experience work for you, don’t enter into your own negotiations without the skill, knowledge and understanding that we can offer you.

Contact us or call now for a consultation with our personal team that is ready to encounter your situation. (919)832-2280

Equitable Distribution

What is Equitable Distribution? In a divorce, one of the ways in which property is divided. Equitable distribution does not necessarily mean equal distribution, and ownership does not automatically split fifty-fifty. Rather, the distribution must be fair and just (equitable). It is an intrical part of any family law matter. All property, both real and personal needs to be classified, valued and divided; this applies to debts as well as assets. This can be accomplished through negotiating a Separation Agreement or proceeding to a trial.

Nick Saparilas is an experienced attorney who knows when to negotiate and when to try an Equitable Distribution case.


CRIMINAL DEFENSE

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At the law office of Nick Saparilas, we aggressively defend your rights and protect you from the overwhelming power of the Government. For more information on how Nick Saparilas can work to defend your rights > click here!

DOMESTIC

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Family law and divorce attorney Nick Saparilas is a highly trained and experienced lawyer with a history of excellence. For custody, alimony, separation agreement, 50-B domestic or equitable distribution information > click here!