Newport News Family Law Attorneys

Going through a family law matter such as divorce, child custody, or support can feel overwhelming and isolating. Leaving issues unresolved or handling the case poorly can create challenges that may tear the family apart and have long-lasting effects on your children and future.

Our Newport News divorce lawyer provides comprehensive legal representation, adeptly protecting your rights and offering sound legal advice to navigate complex legal issues inherent to family law. We are dedicated to negotiating favorable settlements while providing compassionate emotional support during these challenging times.

Why Hire A Newport News Family Law Attorney

Hiring an attorney well-versed in Newport News courts and Virginia family law significantly eases the stress of divorce – especially when you understand how the legal process unfolds. Our skilled divorce attorney is committed to protecting your rights, guiding you through complex legal issues, negotiating settlements, and offering emotional support during these challenging times.

Why Work With Montagna Law Family Attorneys

The experienced family law attorney at Montagna Law guides you through the divorce process or post-divorce modifications while maintaining a strong attorney-client relationship to protect your rights at every stage.

Real Client Feedback

“Montagna Law firm has restored my trust in lawyers. Each time I entered the office, I was greeted pleasantly with a smile and hello. It makes you return a smile. Mr. Montagna made me fell confident as a client. He asked questions and answered to my understanding. I’m satisfied with the results. I would recommend this firm to family and friends.” — Jacquelyn W.

“If you’re looking for someone who’s professional, attentive, serious, caring, and negotiable than Mr. Anthony Montagna is who you need. He understood his assignment and delivered well especially being with what I was looking at in my case. I want to again thank Mr. Montagna and Kelly for being there for me. Will definitely be spreading his name around.” — Tiara S.

Family Law Cases We Handle in Newport News, VA

Our family law attorney adopts a personalized approach for every case, crafting strategies tailored to your unique situation. Our practice area encompasses a wide range of family law cases, including:

• Contested divorce: When the parties cannot agree on at least one aspect of the divorce such as property division, child custody, child support, and spousal support.
• Uncontested divorce: When the parties agree on all aspects of the divorce and are ready to sign a marital settlement agreement.
• Child custody cases: Parties with children who need legal assistance to determine what custody schedule is in the best interests of the children.
• Child support cases: Parties with children for whom they must still provide financial support. Generally, the non-custodial parent pays his or her share to the custodial parent, but the cost of employment-related childcare and health insurance coverage for the children also have an impact on the amount of child support one parent may be ordered to pay.
• Spousal support: When a spouse requests support from their spouse or former spouse to facilitate a smoother financial transition from being married to living independently after separation or divorce.
• Property division: Virginia is an equitable distribution state which means property division is not necessarily equal. The law uses several factors to determine property division.
• Protective orders: When one spouse requires protection against physical (and sometimes mental or emotional) violence from the other spouse.
• Modifications: A material change of circumstances can cause you to seek a modification of child custody, child support, and/or spousal support.

What Should I Look for When Choosing a Divorce Lawyer in Newport News?

Your initial consultation isn’t only for discussing your legal matter with an attorney — it is the perfect time to evaluate the attorney to ensure that they are the best fit for your case. Factors you should discuss with your attorney include:

• Amount of experience
• Communication style
• Knowledge of Virginia divorce law
• Client reviews and recommendations
• Courtroom confidence
• Negotiation skills

Prior to the consultation, create a list of questions that you can ask the attorney so you can evaluate whether that family law firm is the right one for you. You should feel comfortable with the attorney’s knowledge and abilities.

Contested vs. Uncontested Divorce in Newport News, Virginia

Virginia offers both contested and uncontested divorces. While parties can file either type of divorce on their own (especially an uncontested divorce), it is better to retain the services of an attorney to help draft effective documents that help protect the party’s rights after the court finalizes the divorce, rather than relying on bare-bones family law forms that provide minimal protections.

Regardless of the type of divorce you choose, you must meet the Commonwealth’s residency and waiting-period requirements.

Uncontested Divorce

When both parties agree on all issues relevant to their divorce, they can file an uncontested divorce. They must sign a marital settlement agreement which the court then incorporates into a Final Decree of Divorce. Uncontested divorces can take between 2 and 3 months to finalize. An experienced attorney helps secure a settlement agreement that safeguards your rights both during and after the divorce.

Contested Divorce

If the parties cannot agree on even one of the issues in a divorce, it becomes a contested divorce. Key issues include custody, spousal and child support, and property division. This type of case typically requires court hearings, discovery, and legal advocacy.

It can take anywhere from several months to three or more years to finalize a contested divorce, depending on factors such as how many motions each party files during the pendency of the action, court schedules, and purposeful delays by one or both parties.

Understanding the Divorce Process in Virginia

The divorce process encompasses several steps, whether the divorce is contested or uncontested. Once you gather as much financial information as you can and have the initial consultation:

• Complete and file a civil cover sheet, summons, and divorce petition.
• File the documents with the court.
• Serve your spouse with the divorce papers.
• Wait for your spouse’s response.
• Complete the discovery process, including mandatory disclosure and any interrogatories or other discovery documents served upon you.
• Forward additional discovery requests to your spouse, if necessary.
• File motions for temporary relief, if necessary.
• Negotiate a settlement or attend mediation.
• Prepare for pretrial if you were not able to reconcile your differences.
• Attend the trial.

Do I Need a Separation Agreement in Virginia?

While you do not need a separation agreement, it is advisable to have one, as it provides both parties with guidance during the separation process. It also simplifies the divorce process, especially in uncontested cases.

Because Virginia has a lengthy waiting period of one year if you have children or six months if you do not have children, a separation agreement can prove the date you lived separate and apart for purposes of the waiting period.

Virginia’s Residency Requirements for Divorce

At least one spouse must have been a resident of the Commonwealth of Virginia for six months prior to filing for divorce. Service members must have been stationed in the Commonwealth for six months prior to filing for divorce. This includes overseas service if the home base is in Virginia.

What Issues Must You Resolve to Obtain a Divorce in Virginia?

You must resolve all five major issues in a divorce to obtain a final judgment, including grounds of divorce (fault or no-fault), property division, child support, child custody, and spousal support.

Marital Property and Debt Division

Virginia is an equitable distribution state which means that property division is not necessarily equal. Instead, the court reviews several factors in determining how the parties divide debts and assets. Generally, the party who receives the asset also receives the debt that goes with the asset.

The court considers several factors, including but not limited to:

• The duration of the marriage,
• The contributions of each spouse toward the marriage,
• The separate property of each spouse,
• Whether one party wastes or hides assets,
• The ages and physical and mental condition of each spouse, and
• The future earning capacity of each spouse.

Child Custody

The courts order two types of custody: legal and physical. The parent with legal custody makes important life decisions for the children – specifically regarding education, medical care, and religious practice. The parent with physical custody has the children the majority of the time while the other parent typically has a right to parenting time.

Courts may order sole or joint legal custody as well as primary or shared physical custody – whichever is in the best interests of the child. The court will always attempt to ensure the child has time with both parents.

Child Support

Virginia provides child support guidelines based on the income shares model that considers the parents’ incomes, parenting time, employment-related child care costs, cost of insurance coverage for the child, and other factors. While courts rarely deviate from the guidelines, there are specific circumstances where they may make exceptions. These exceptions may be made if the child has special needs, if either parent is financially responsible for other children, or if there are extraordinary medical or dental expenses for the child, among other factors.

Spousal Support (Alimony)

Unlike child support, the Virginia Code does not provide a formula for spousal support (except on a temporary basis). Whether the court orders spousal amount, the amount of the spousal support award, and the duration of the support are at the court’s discretion. However, the court must consider several factors in making an award of spousal support, including:

• The payor’s ability to pay,
• The recipient’s need for support,
• The standard of living established during the marriage,
• The duration of the marriage,
• The age, physical, and mental condition of the parties,
• The contributions of both parties to the marriage, including financial and nonmonetary,
• Whether one party had to put his or her career or education on hold for the other,
• Property division and separate property,
• Premarital agreements,
• Current and future earning capacity of both parties, and
• Other factors, including tax consequences

Grounds for Divorce in Virginia

If you file a no-fault divorce, the only ground is irreconcilable differences. However, if you allege grounds in a fault-based divorce, you must be able to prove them. Acceptable grounds include:

• Adultery,
• A felony conviction resulting in confinement for more than one year,
• Cruelty, and
• Willful desertion or abandonment for at least a year.

If a party is found guilty of cruelty, willful desertion, or abandonment for at least a year, the parties do not have to wait for the mandatory separation period.

Fault-Based Divorce

If the court finds that a party is guilty of the alleged grounds, it could affect property division, spousal support, and even custody in the harmed party’s favor.

Facing a Family Dispute? Speak With Our Trusted Attorney Today.

If you are ready to file for divorce, our experienced divorce lawyer can guide you through the process, help facilitate negotiations, and draft a separation agreement or prepare for litigation. Get to know us and our team, as well as what we can do to help you through this emotional process. Contact our divorce attorney now by calling 757-622-8100 or filling out our online contact form.

Frequently Asked Questions

Can Spousal Support Be Reduced?

Yes. You can ask for a modification of spousal support if you can prove significant material changes to either party’s financial position. The change in circumstances must be involuntary, such as an illness or a loss of income that is not your fault. In such cases, the court may modify the amount and/or the duration of support.

How Much Does a Divorce Lawyer Cost in Virginia?

The total cost depends on the complexity of the case and whether the parties are filing for a contested or uncontested divorce.

What’s Different in a Military Divorce?

Federal laws, in addition to state laws, govern military divorces. The Uniformed Services Former Spouses Protection Act (USFSPA) allows state courts to treat military retired pay as marital property for the purpose of property division.

The Servicemembers Civil Relief Act (SCRA) provides the servicemember with protections against default judgment during active duty. This can significantly impact the timeline of a military divorce, as it stalls actions when the servicemember cannot participate.

Our firm has a family law attorney with experience handling military divorces, as she is well-versed in all federal laws governing military divorce.

What’s the Cheapest Way to Get a Divorce in Virginia?

The most cost-effective way to obtain a divorce in Virginia is typically through an uncontested divorce, where both parties agree on key issues, thereby minimizing attorney fees and court time.

Who Pays Attorney Fees in Divorce in Virginia?

Each party usually pays their own attorney fees unless the court orders otherwise based on the financial circumstances of the parties. Virginia does not have an automatic rule assigning fees to one party or the other.

Do Both Sides Need to Find a Divorce Lawyer?

No, both sides do not have to hire a divorce lawyer. One party can proceed without an attorney, though each party having their own lawyer is common to ensure each party’s rights are protected.