Norfolk Family Law Attorney

Family law matters in Norfolk can be among the most painful and overwhelming experiences you will face. The uncertainty of the divorce process, fear of losing time with your children, and stress of navigating legal jargon can intensify your anxiety. Without proper guidance, these challenges may seem insurmountable, leaving you uncertain about your next steps.

Having a knowledgeable advocate by your side can make a significant difference during these difficult times. A Norfolk family law attorney can provide clarity, confidence, and dedicated representation to safeguard your rights and help secure the best possible future for you and your family.

When to Hire a Lawyer for Divorce in Norfolk, Virginia?

Technically, anyone can represent themselves in a Virginia divorce, but this is not advisable. Aside from having to work through issues that tend to be emotional, a Virginia divorce can come with many complexities. An attorney can help by:

• Explaining the legal process in clear language,
• Navigating complex financial situations,
• Building a case for child custody, visitation, or division of assets,
• Handling disputes that emerge,
• Completing paperwork and supporting documentation, and
• Conducting negotiations with the other party.

Obtaining legal representation can also reduce stress, ensure your rights are protected, and avoid costly mistakes.

How Much Does a Divorce Lawyer Cost in Norfolk, VA?

It is difficult to provide an exact cost because every divorce case is different. The specifics of your situation greatly affect the cost. For example, a contested divorce is more expensive than an uncontested one due to the inherent costs of litigation. Other complexities, such as repeated court hearings, can also increase costs.

Why Work With The Family Attorneys at Montagna Law in Norfolk

Family law issues are often contentious, and we understand the complex emotions involved. Whether you are going through a divorce, including those involving active-duty military members, or other family law matters, Montagna Law will help you navigate the unique legal processes involved.

Montagna Law values the attorney-client relationship and takes pride in the work we do. Our caring family lawyer brings many years of experience and prioritizes what is best for you and your family. You can be confident that our lawyers are well-versed in Virginia law and will provide transparency and open communication throughout your case.

Real Testimonials and Experiences

“Mr. Montagna was an absolute pleasure on the phone and in person! My friend recommended me to him and I couldn’t have been happier with my decision! Grace was also such a delight to hear from, she always had the best attitude! Mr. Montagna went above and beyond to make sure I would be treated fairly and with that being said if I could give him and Grace 10 stars, I would! Thank you to Montagna law for helping me feel valued!” — Anita C.

“I have been so impressed with my experience with Sam Bull since the start. After signing the agreement and sending everything over for my file, we had a phone conversation scheduled. I was blown away with how familiar she had made herself with my family court case prior to our call. It was clear that she had thoroughly reviewed and strategized my case in advance, setting the bar high for herself. She has continuously exceeded my expectations and shown genuine interest in ensuring that my situation is taken care of to the best of her ability (and she is VERY capable). She has already succeeded in a positive outcome for me in the courtroom and I have come back to her for the appeal (from the opposing party, of course). As if that weren’t enough, Stacey Hughes has been so on top of making sure that the i’s are dotted and the t’s are crossed when it comes to scheduling, review, formatting, filing, etc. It’s nice that I can reach her when needed to get me on the right track. As a team, they have been excellent and I couldn’t be more pleased with the detail, thoughtfulness, information retention, ability to recall pertinent facts in the heat of a moment, and overall representation. I can not see myself hiring anyone besides Sam in the future. Highly recommended!” – Kerrioke.

“Mr. John Montagna law firm is absolutely awesome. His team is so compassionate, and straightforward. 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.

Family Law Services We Handle in Norfolk

Montagna Law handles a full range of family law services, including but not limited to:

• Contested and uncontested divorces
• Military divorces
• Child custody
• Visitation
• Child support
• Spousal Support (also known as Alimony)
• Property division
• Protective orders
• Prenuptial agreements

Whatever your family law issue may be, our compassionate, client-focused team is here to listen and help craft the best possible strategic approach for your specific case.

What Are the Grounds for Divorce in Norfolk?

Virginia allows limited fault-based options for legal grounds for a divorce. This is important because the grounds chosen may impact case outcomes regarding child custody or spousal support. The grounds for a fault-based divorce include, but are not limited to:

• Adultery
• Cruelty
• Desertion
• Felony conviction with an incarceration sentence for more than one year.

A Virginia no-fault divorce requires the spouses to live separate and apart without cohabitation for one year if there are minor children. If there are no minor children and the spouses have a signed separation agreement, the separation period is six months.

What Are the Requirements to File a Divorce in Norfolk, Virginia?

Virginia has residency requirements that must be met before filing for divorce. The Commonwealth of Virginia requires that at least one spouse be a bona fide resident of Virginia for at least six months before filing for divorce. There is also a required separation period of six to twelve months.

What is the Difference Between a Contested and an Uncontested Divorce in Norfolk?

There are clear differences between contested and uncontested divorces in Norfolk, Virginia.

Contested Divorce

A divorce is contested when the parties cannot resolve even one conflict in the divorce case. Common disputes involve custody, support, and property division. Even if the parties agree on other issues, the divorce remains contested if they cannot reach an agreement on one or more issues. Contested divorces usually take longer than uncontested divorces and cost more.

Uncontested Divorce

An uncontested divorce is possible when both parties agree on issues such as child custody, visitation, asset division, child support, and spousal support. Uncontested divorces are generally less expensive and faster than contested divorces, but both parties must agree on all relevant issues.

A knowledgeable Virginia family law attorney can help in either scenario—negotiation in uncontested cases and advocating during litigation in contested cases.

What Should I Prepare for My Consultation With a Divorce Lawyer in Norfolk, VA?

Before your initial consultation with your Norfolk family law attorney, you should prepare the following documents and other items:

• Financial documents (bank statements, debt records, pay stubs, etc.),
• Prenuptial/postnuptial agreements,
• Relevant information about your children,
• A list of questions/concerns, and
• Your goals for the divorce.

Being prepared for your consultation helps the attorney assess the situation and give better guidance while determining a strategy for pursuing the best path forward. Having documents ready for the attorney’s review also helps the process move more efficiently.

Will I Get Alimony in a Divorce in Norfolk?

Virginia family law permits any spouse to request spousal support (also called alimony), which depends on the specifics of each divorce case. The factors considered include:

• The duration of the marriage,
• Any fault by one or both spouses (e.g., adultery or abuse),
• The age and health of each spouse,
• Each spouse’s income,
• The future earning capacity of each spouse,
• The property each spouse owns,
• The lifestyle during the marriage, and
• The career sacrifices made by either spouse (e.g., the spouses agreement that one spouse gives up their career to care for their children).

If warranted, a Virginia court will generally award one of three types of spousal support:

• Temporary (Pendente Lite): This type of support is designed to help one spouse meet financial needs while the divorce is pending.
• Rehabilitative: A longer form of temporary support to allow one spouse to become financially independent. This may involve returning to school, obtaining job training, or assisting with other expenses while they work toward achieving self-sufficiency.
• Permanent: This type of spousal support is awarded for an indefinite period of time, often in cases where one spouse is disabled or has health conditions. It may also be granted in cases where a marriage was long-term.

Spousal support is not guaranteed. It is essential to consult with your attorney to explore the available options.

How is an Asset Divided in a Norfolk Divorce?

Virginia uses an “equitable distribution” system. This means that a court will assess the situation and divide assets fairly, although this does not necessarily mean the division will be 50/50.

Assets are classified into three categories: marital property, separate property, and hybrid property. Marital property refers to assets acquired or accumulated during the marriage including homes, land, businesses, retirement accounts, pensions, and vehicles. Separate property are assets each spouse owned before the marriage, property attained by selling individual assets/property, or items received as gifts or inheritance during the marriage. Hybrid property are assets that are part-marital and part-separate. Debt is also considered property and may be classified as marital, separate, or hybrid property. Working with a skilled family lawyer can help ensure a fair division of assets or, if both spouses agree, facilitate the creation of a favorable property settlement agreement.

How Will Divorce Impact Child Custody in Norfolk?

Virginia courts prioritize what is in the best interests of a child and will decide custody based on relevant factors found in the Virginia Code. A Norfolk judge may grant different types of custody after considering factors such as parental fitness, the child’s needs, and co-parenting abilities.

Legal Custody

Legal custody refers to the rights and responsibilities associated with making significant decisions regarding a child’s education, healthcare, religion, and other essential aspects of their life. Often, this type of custody is granted to both parents (referred to as “joint legal custody”), but in some cases, it may only be granted to one of the parents (referred to as “sole legal custody”).

Physical Custody

Physical custody is the determination of where the child will reside at any given time. One parent may be granted primary physical custody so that the child mainly lives with one parent but still sees the other parent on a regular basis, or the court may order shared physical custody where the child lives with both parents for a relatively equal amount of time.

Child custody cases are usually contested, and the stakes are high. It is advisable to seek legal guidance if you and your child’s other parent cannot reach an agreement and require a legal solution.

Why is Hiring a Norfolk Divorce Attorney Beneficial?

Working with a Norfolk divorce attorney offers several advantages, including:

• Familiarity with Norfolk courts and judges,
• Knowledge of Virginia divorce laws and legal procedures,
• Skillful management of legal paperwork,
• Strong negotiation skills, and
• Reduction of your stress by providing an objective perspective on the situation.

Your attorney can also serve as a strong advocate for you every step of the way, actively protecting your rights and best interests.

Frequently Asked Questions

Who Pays Attorney Fees in Divorce in Virginia?

In most Virginia divorce cases, each party is responsible for paying their own attorney fees. Still, the court may order one spouse to pay part or all of the other spouse’s fees if there is a significant financial disparity or if one party has caused unnecessary delays.

Do Both Sides Need to Find a Divorce Lawyer?

In a Virginia divorce, one attorney cannot ethically represent both parties due to the conflict of interest between the spouses. Each spouse should retain separate legal counsel before divorce proceedings begin. It is possible for only one side to have legal representation, especially in uncontested divorces. However, it is essential to consider that disagreements may still arise which can lead to contentious situations that often necessitate legal advice.

Do You Need a Separation Agreement in Norfolk, VA?

In Norfolk, Virginia, a separation agreement is not legally required but is highly recommended to outline terms such as property division and child custody. Virginia does not recognize “separation” as a formal legal status, but spouses may live separate and apart with a separation agreement pending divorce.

What’s the Difference Between a Divorce and a Legal Separation?

A divorce is the final dissolution of the marriage which severs the legal ties between the spouses and renders each of them single under the law.

Separation is a status required by the court to be maintained for a specified amount of time in order for the parties to be eligible for divorce.

Start Your Divorce Journey With Support From a Norfolk, VA Divorce Lawyer Today

When facing a Virginia divorce or another family law matter in Norfolk, it can be extremely hard to make the right decisions. Our experienced lawyer understands the pressures and uncertainties that accompany family law matters in Virginia. At your initial consultation, our family law attorney will provide you with objective legal advice while considering what is in your best interests, the best interests of your children, and the best interests of your family’s future. We will then guide you through the entire legal process.

You can reach our law practice by calling our phone number, 757-622-8100, or by filling out our online contact form, and we will be in touch with you. Our law office offers a range of legal services and practice areas, including family law and personal injury, throughout Norfolk, Hampton Roads, and surrounding areas.