Portsmouth Family Law Attorney

Divorce is not only emotionally exhausting but also legally complex. During this difficult time, it can be overwhelming to manage your emotions while trying to make clear, informed decisions to protect your rights and future.

The divorce process is rarely simple. It often involves navigating multiple legal issues, from asset division and child custody to alimony. Each matter requires careful attention to increase your chances of a fair outcome.

Fortunately, you do not have to face these challenges alone. A family law attorney can provide the guidance and support needed to protect your interests and help you move forward with confidence. At Montagna Law, our dedicated Portsmouth divorce lawyer is committed to standing by your side, offering compassionate advocacy and clear legal counsel every step of the way. Schedule a consultation with our law office today so you can focus on rebuilding your life.

Why Choose Montagna Law Portsmouth Family Law Attorneys

Clients turn to Montagna Law because they know our attorneys will support them with their family law matters. We take pride in providing personalized attention to every case.

If you choose Montagna Law to represent you in your divorce or other family law matter, we will help you navigate the complexities of Virginia’s legal processes. Our attorneys know Virginia’s legal codes and bring years of experience to your case.

You can also expect strong communication and transparency. When you entrust Montagna Law with your legal matter, you won’t be left in the dark about your case.

Types of Family Law Cases We Handle

Montagna Law is prepared to handle a wide range of family law matters, including uncontested divorces, contested divorces, military divorces, and LGBTQ+ divorces. Our attorney also has extensive experience handling related practice areas, such as child custody, visitation, child support, spousal support, division of assets, adoption, domestic violence or abuse, and protective orders.

Our Portsmouth Divorce Attorney Offers Compassionate and Personalized Guidance on Family Law Issues

Your well-being matters to our attorneys at Montagna Law. Family law matters can become contentious and involve complex emotions. Our team strives to provide compassionate legal service and support with personalized guidance as we handle various types of family law issues.

Real Client Testimonials: Proven History of Success

“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

“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

When to Hire a Portsmouth Divorce Lawyer

Anyone seeking a Portsmouth divorce should strongly consider hiring a local divorce lawyer. Contested divorces involve complex legal procedures and significant issues that can be overwhelming without professional help.

A Montagna Law attorney can help protect your rights, stay compliant with Virginia’s divorce laws, manage the discovery and litigation process efficiently, provide strategic advice, negotiate fair settlements, and represent you in court hearings and trials.

Without legal representation, you may struggle to understand procedural rules, complete documents correctly, or effectively advocate for yourself – risks that can lead to unfavorable outcomes with long-lasting consequences.

Choosing Montagna Law means having an experienced team by your side to reduce the emotional and financial stresses of divorce while working toward the resolutions that serve your future.

Understanding Divorces in Virginia

Virginia recognizes two main types of divorce. Before filing for divorce in Portsmouth, it is important to understand Virginia’s divorce laws. Working with an attorney can help you understand your rights and determine the right course of action.

Residency Requirements

To file for divorce in Portsmouth, Virginia, either spouse must have been a bona fide resident and domiciliary of the state for at least six months before filing. “Residency” means maintaining a permanent home in Virginia, while “domicile” indicates the intention to live there indefinitely.

The divorce petition is usually filed in the circuit court of the county or city where the couple last lived together, or where the other spouse currently lives in Virginia. If the other spouse now lives outside Virginia, you may file in the city or county where you live.

Grounds for Divorce

Virginia law allows both no-fault and fault-based grounds for divorce.

• No-fault divorce: This requires spouses to live separate and apart without cohabitation for at least one year if they have minor children or no separation agreement. The timeframe is reduced to six months if they have a separation agreement and no minor children from the marriage.
• Fault-based divorce: This includes grounds such as adultery, conviction of a felony with imprisonment exceeding one year, cruelty causing reasonable apprehension of bodily harm, or willful desertion or abandonment. Certain fault-based grounds involve mandatory waiting periods before the court can grant a divorce. For example, cruelty or desertion requires one year of separation, while adultery or a qualifying felony conviction may allow an immediate divorce once proven.

What Is an Uncontested Divorce in Portsmouth, Virginia?

Individuals can obtain an uncontested divorce in Portsmouth, Virginia, if both spouses agree on all terms of the divorce. This includes coming to an agreement about the division of marital assets and debts, child custody, child support, visitation, spousal support, and any other relevant issues.

Uncontested divorces can be processed quickly since there is no dispute over the relief being sought, and the parties have signed a comprehensive separation agreement.

These divorces can be completed from initial filing to the Final Decree of Divorce without anyone having to appear in court.

Do I Need to Hire an Attorney for an Uncontested Divorce in Portsmouth, Virginia?

Virginia does not legally require people to hire an attorney for a divorce. While you can file on your own, representing yourself comes with significant risks.

Working with an attorney at Montagna Law helps verify that all legal requirements are met and your rights are protected at every step. We can draft a valid separation agreement, confirm all necessary paperwork is complete and accurate, and provide clear, objective advice when you need it most.

Even in uncontested cases where both parties agree, our guidance can prevent future disputes by making your settlement comprehensive and legally sound. With extensive experience in Virginia family law and local court procedures, our attorney helps you avoid common mistakes that can cost you time, money, and peace of mind. Instead of navigating the process alone, let Montagna Law stand by your side and make this transition as smooth as possible.

What Is a Contested Divorce in Portsmouth, Virginia?

A contested divorce in Portsmouth, Virginia happens when spouses cannot agree on one or more important issues, such as property division, child custody, support, or spousal maintenance. In these cases, the court must step in and decide the disputed matters.

The process begins when one spouse files a Complaint for divorce and the other responds with an Answer and Counterclaim. The parties then move into pre-trial litigation, which can include discovery (such as interrogatories and requests for documents), depositions, and hearings on motions.

How Long Does The Divorce Process Take

This phase can be complex and lengthy, often requiring temporary orders to address urgent issues like custody or support while the case is pending. Contested divorces usually take significantly longer to resolve than uncontested ones, often lasting between 1 and 3 years, if not longer. The time the case takes from filing to finalization depends on the availability of the court as well as the parties and attorneys, the level of cooperation by all involved, and the complexity of all relevant issues.

Because of this complexity, working with a knowledgeable divorce attorney at Montagna Law is especially important. Our team will advocate for your rights, help you understand your options, and guide you through every step to reduce the stress and uncertainty of the process.

Top Factors to Consider When Choosing a Divorce Lawyer in Portsmouth?

When choosing a divorce lawyer in Portsmouth, it is important to consider several key factors to receive the advocacy and support you need during this challenging time.

Experience and Knowledge

Choose an attorney with a strong track record in divorce cases, familiarity with local judges and court procedures, and up-to-date knowledge of Virginia divorce laws. Montagna Law’s attorneys bring years of focused experience to help guide you confidently through the process.

Transparency in Fees

Look for clear information about the lawyer’s fee structure, including hourly rates, payment plans, and any additional costs. At Montagna Law, we believe transparency helps you avoid unexpected expenses and plan for every stage of your case.

Communication and Comfort

Your attorney should communicate clearly, listen carefully to your concerns, and provide honest, thoughtful advice. Our team works hard to help you feel heard and supported.

Reputation and Reviews

Consider client testimonials and recommendations to evaluate a lawyer’s professionalism and success in family law matters. Montagna Law is proud of the trust we’ve built in the Hampton Roads community through years of dedicated service.

Protect Your Future. Speak With a Portsmouth Divorce Lawyer Today.

Facing a divorce is never easy, even for those choosing to end the marriage. The attorneys at Montagna Law understand the emotional, financial, and legal challenges you face and are ready to put their experience to work for you.

To schedule a consultation for your family law matter, call Montagna Law at 757-622-8100 or fill out our online contact form, and a member of our legal team will be in touch to help you move forward with confidence.

Frequently Asked Questions

How Long Do You Have to Be Separated Before Divorce is Automatic in Virginia?

A divorce is not automatic after separation in Virginia. Spouses must live separate and apart without cohabitation for at least one year to qualify for a no-fault divorce. If there are no minor children and a signed separation agreement, the period is decreased to six months. The separation must be intentional and continuous, with no reconciliation during that time.

Do I Need to Go to Court for Divorce?

Court appearances are usually required. In uncontested divorces where both parties agree and submit a separation agreement as well as the proper affidavits and documents to the court, a formal court appearance is not usually required. Contested divorces generally involve multiple court hearings. Montagna Law can help you prepare for any required appearances and keep you fully informed.

Is Virginia a 50/50 Divorce State?

Virginia is not a 50/50 divorce state. It follows an equitable distribution approach which divides marital property fairly but not necessarily equally. The court considers factors like financial contributions, duration of the marriage, and economic circumstances. Our attorneys help protect your interests during this process.

Can You Get Divorced but Still Share a House or Another Major Asset in Portsmouth?

Yes, you can get divorced while still sharing ownership of a house or other major assets. The court can grant a divorce while leaving property division or sale to be resolved later, provided the final decree expressly reserves jurisdiction over equitable distribution under Virginia Code § 20-107.3. Alternatively, you and your spouse can agree to co-own property after divorce. Montagna Law can guide you through these options.

What Are My Rights Related to My Child’s Custody?

In Virginia, custody decisions are based on the best interests of the child. Both parents have the right to seek custody or visitation. Courts consider factors like the child’s welfare, each parent’s fitness, and the child’s relationship with each parent. Our attorney works to protect your parental rights and your child’s well-being.

How Many Years Do You Have to Be Married to Get Alimony in Virginia?

Virginia law does not set a minimum number of years married to qualify for alimony. Courts look at factors such as the length of the marriage, both parties’ financial resources, and the standard of living established during the marriage. Montagna Law can help you understand your options and advocate for a fair outcome.