Chesapeake Family Law Attorneys

Going through a divorce or family dispute can feel overwhelming, especially when your future, your children, and your peace of mind are on the line.

Without the right legal support, emotions can spiral, important rights may be lost, and the conflict can drag on far longer than necessary. It can be difficult to make sound decisions about life-altering issues when juggling so many different feelings.

The experienced and compassionate Montagna Law family and divorce lawyer in Chesapeake is here to protect what matters most. Reach out today to take the first step toward clarity, resolution, and a stronger tomorrow. Contact us today to schedule a legal consultation with our family law attorney.

Do I Need a Lawyer for a Divorce in Chesapeake, Virginia?

Not everyone needs a divorce attorney in Virginia, but having one by your side is often the best way to protect yourself. An experienced lawyer can explain the legal process in plain language, safeguard your rights, ensure all paperwork is accurately prepared and filed, and help you handle complex issues like child custody, visitation, and property division. They can also negotiate on your behalf, review documents filed by the other party, and work to reduce the stress that often accompanies family law matters.

Without skilled legal guidance, you risk making costly mistakes or agreeing to terms that do not serve your best interests. Unrepresented parties often receive less favorable outcomes that can be difficult or even impossible to change later. By working with Montagna Law, you will have a dedicated Chesapeake family law attorney who listens to your needs, provides clear, compassionate guidance, and advocates for your goals every step of the way.

Family Law Cases Our Attorneys Handle in Chesapeake, VA

The family law attorney at Montagna Law handles a wide range of matters in Chesapeake, including contested and uncontested divorce, child custody and visitation, child and spousal support, property division, domestic violence issues, modifications of existing agreements, and prenuptial agreements.

Our team guides clients through litigation and negotiated settlements with care and clarity. With years of experience in Virginia family law, we focus on providing personalized, compassionate service to help you navigate these important decisions and protect what matters most to you and your family.

Why Work With Montagna Law Attorneys In Chesapeake, Virginia

Clients choose Montagna Law for family law matters because we understand Virginia law and the emotional challenges that often come with these cases. Our attorneys know how to navigate complex issues with clarity and compassion, helping you make informed decisions even during stressful times.

When you work with us, you will have an experienced legal partner by your side every step of the way. We take the time to listen to your concerns, explain your options, and develop a strategy tailored to your needs.

At Montagna Law, we pride ourselves on putting you and your family first. Our team values transparency, open communication, and building strong relationships with every client we serve in the Hampton Roads community.

Our Client Testimonials

“My Attorneys at Montagna Law provided me with good sound legal [advice] with my case. If you need help with your case give them a call and see if they can help you.” — Michael D.

“Mr. John Montagna law firm is absolutely awesome. His team is so compassionate, and straight forward. If you have any questions or concerns they do respond and get back to you in a timely manner. If anyone needs a team that doesn’t mind pulling up there sleeve and getting in the ring well Montagna Law Firm is the right one for you. 🥰” — Sharonda W.

How Much Does a Lawyer Cost for a Divorce in Virginia?

Several factors affect the overall cost of your Chesapeake divorce, including whether it is contested or uncontested, the complexity of issues like custody or property division, and whether the case can be settled through negotiation or requires trial.

At Montagna Law, we believe in clear communication about fees from the start. Our team will review your situation, explain potential costs in detail, and discuss available options so you can make informed decisions about your legal needs.

What Is the Difference Between a Contested and Uncontested Divorce in Chesapeake?

In a Chesapeake divorce, there is a substantial difference between a contested and an uncontested divorce. If a couple can agree on and settle all issues, the divorce is uncontested. If there is a divide on issues, the divorce automatically becomes contested.

Whether your divorce is contested or uncontested, working with an experienced Chesapeake family lawyer can make the process clearer and less stressful. Montagna Law can help you negotiate fair terms, manage paperwork, and provide legal representation in court, if needed.

What Are the Requirements to File for Divorce in Chesapeake?

To file for divorce in Chesapeake, Virginia, at least one spouse must have lived in and been domiciled in the state for six months before filing. This residency and domicile requirement applies to all cities and counties in the Commonwealth.

Virginia offers both fault-based and no-fault divorces. For a no-fault divorce, you must meet the state’s separation and residency requirements, which often makes it a simpler option. Fault-based divorces require proving specific grounds and can be more complex and time-consuming. Recognized fault grounds in Virginia include:

• Adultery
• Cruelty
• Desertion or abandonment
• Felony conviction with a prison sentence of one year or more

In certain fault-based cases, such as adultery or felony conviction, Virginia law does not impose a separation period before you can file. It is also common for spouses to contest fault-based claims, which can add to the length and complexity of the process. An experienced family law attorney can help you understand these requirements and choose the best approach for your situation.

How Do I File for Divorce in Virginia?

Filing for divorce in Virginia requires careful attention to paperwork and deadlines. Here are the basic steps you will need to follow:

• Meet Virginia’s six-month residency and domicile requirement.
• File in the appropriate circuit court. You may file in the circuit court for the county or city where the parties last lived together, where the defendant currently resides, or, if the defendant lives outside Virginia, where the plaintiff resides.
• Prepare and file the divorce complaint along with other required documents.
• Pay the necessary court filing fees.
• Have the other spouse properly served with the divorce papers.
• Wait for the other spouse’s response, which must be filed within 21 days after service.
• Comply with all court procedures and any additional local requirements.

Navigating these steps can feel overwhelming, but working with an experienced attorney can help you manage the process smoothly and avoid costly mistakes. Montagna Law’s team is ready to guide you through every stage with clear advice and personalized support.

How Long Does a Divorce Take in Chesapeake, Virginia?

The time it takes to complete a divorce in Chesapeake depends on whether it is contested or uncontested. Uncontested divorces are typically faster and less costly because both spouses agree on all terms and avoid drawn-out court proceedings. In contrast, contested divorces take longer since disputes need to be resolved in court, and the timeline can also be affected by how busy the court schedule is.

Virginia law generally requires a six-month separation period if there are no minor children and the couple has a written settlement agreement, while couples with minor children must live apart for at least one year before filing for a no-fault divorce. In fault-based cases, such as adultery or felony conviction, there may be no required separation period before filing. Reaching an agreement on all issues can greatly speed up the process, but disagreements or court delays can extend it.

Will I Get Alimony in a Divorce in Chesapeake?

Alimony is not automatically granted in a Chesapeake divorce. Virginia courts consider several factors when deciding whether to award spousal support, such as the length of the marriage, differences in income, and the standard of living during the marriage. If awarded, spousal support can be either temporary or long-term, depending on the circumstances.

What is the Difference Between Alimony and Spousal Support?

In Virginia, the term “spousal support” is the one used in the statutes, while “alimony” is often used informally to mean the same thing. Both terms describe financial payments from one spouse to the other after separation or divorce. Spousal support can be temporary or long-term depending on the circumstances, and Virginia courts consider many factors when determining if it should be awarded.

Property Division in Virginia Divorces

Virginia uses an “equitable distribution” approach to dividing marital property. This means the division must be fair, but not necessarily equal.

Assets are classified as marital, separate, or hybrid property before division. Marital assets include those acquired or built during the marriage, such as homes, businesses, land, pensions, retirement accounts, vehicles, and savings. Separate property refers to assets owned before the marriage, items received as gifts or inheritances during the marriage, or property acquired by selling individual assets. Hybrid properties are assets that are part-marital and part-separate.

Debt is also considered property and will be classified as marital, separate, or hybrid as well. When dividing assets and debts, courts consider many factors, including each spouse’s contributions to the marriage and their financial circumstances.

How Will Divorce Impact Child Custody?

A Virginia court will prioritize the best interests of the child when deciding custody arrangements. There are two types of custody: physical and legal.

Physical Custody

This is the determination of which parent the child primarily lives with and who manages daily care. Courts can award primary physical custody with visitation for the other parent or shared physical custody, where the child spends time in both homes or the parents alternate living arrangements.

Legal Custody

This is the right to make important decisions about the child’s life, such as healthcare, education, and religion. Legal custody is separate from physical custody. Courts often award joint legal custody to both parents, but in some cases, one parent may receive sole legal custody.

Creating a parenting plan can help parents reach decisions that serve the child’s best interests. If a custody agreement exists before divorce, finalizing the divorce can change its terms, so it is important to discuss this with your attorney.

Frequently Asked Questions

What is the Quickest Way to Get a Divorce in Virginia?

The quickest option is an uncontested divorce, where both parties agree on all terms. If there are no minor children and a settlement agreement is in place, you can file after at least six months of separation.

Do I Need a Separation Agreement in Virginia?

While not legally required, a separation agreement is strongly recommended. It clearly defines the terms of separation and protects your rights, especially when marital assets, debts, or children are involved. It also simplifies the divorce process and provides evidence of your separation date.

Can I File for Divorce in Chesapeake Without a Lawyer?

You can file for an uncontested divorce without a lawyer using court forms and paying filing fees. However, professional legal help is recommended to avoid errors and protect your interests, especially in complex cases.

Can a Family Lawyer Help With Child Custody Arrangements During a Divorce?

Yes, a family lawyer in Chesapeake can help with child custody arrangements by guiding you through legal requirements, mediating disputes, and ensuring the best interests of the child are addressed in the custody agreement.

Need Help With a Family Dispute? Call Our Chesapeake Attorneys.

Facing an uncontested, contested, military divorce or other family law matter can be a difficult time, even for those choosing to end a marriage. The compassionate lawyers at Montagna Law are here to listen, provide guidance, and support you through the process. We understand the pressures and uncertainties that come with divorce and are ready to help.

If you need legal services for your divorce case or other family legal matter, call Montagna Law at 757-622-8100 to schedule a free consultation. You can also fill out our online contact form, and a member of our legal team will be in touch.

If you have another legal need, our attorneys can also assist with other practice areas. We proudly serve Chesapeake and all of Hampton Roads, including Virginia Beach, Norfolk, Suffolk, Portsmouth, and Newport News.