Divorce is one of life’s most difficult and emotionally draining experiences. Ending a marriage often brings feelings of loss, uncertainty, and fear about the future, especially when dealing with property division, spousal support, and the well-being of children. Without the right legal guidance, these challenges can quickly become overwhelming and lead to conflict, financial strain, and emotional distress.
At Montagna Law, our law office understands how deeply divorce can affect you and your family. We are committed to providing compassionate, skilled representation to help you protect your rights and move forward with confidence. Take control of your family’s future by reaching out to us. We will stand by your side every step of the way.
Why Choose Our Suffolk Family Law Attorney
We may not be the biggest divorce law firm, but we are deeply invested in the outcome of your case during this trying time. We use our experience in family law practice areas to help protect your rights throughout the divorce process and related legal matters – whether you pursue a fault-based or no-fault divorce and whether you sign a marital settlement agreement or go to court.
Our Family Law Attorney Provides Comprehensive and Compassionate Support in Family Law Matters
Our legal team handles many types of family law and divorce matters. Some couples choose separation instead of divorce, while others need guidance for modifying custody or support orders. Regardless of your situation, we can give you aggressive representation throughout the process and help protect your rights.
Real Client Testimonials
“My Attorneys at Montagna Law provided me with good sound legal advise with my case. If you need help with your case give them a call and see if they can help you.” — Michael
“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
Types of Family Law Cases We Handle in Suffolk, Virginia
Montagna Law handles several types of family law cases in Suffolk, Virginia, including:
- Contested divorce
- No-fault, uncontested divorce
- Military divorce
- LGBTQ+ divorce
- Child custody
- Child support
- Spousal support
- Separation agreements
- Protective orders (Petitioner and Respondent)
- Uncontested adoptions (stepparent adoption and adult adoption)
- Child custody enforcement
- Child support enforcement
- Spousal support enforcement
- Post-divorce enforcement
Contested vs. Uncontested Divorce in Suffolk, VA
The divorce process in Virginia is either contested or uncontested – meaning that either the spouses do not agree about how to resolve certain issues or that both spouses agree on how to address all relevant issues. A contested divorce is appropriate when spouses cannot agree on one or more key legal issues and need court intervention to resolve disputes. Contested divorces typically take longer to finalize. The more issues that are in dispute, the more complex the process will be. In an uncontested divorce, both spouses agree on all major issues, such as property division, child custody and support, spousal support, and debt allocation.
We can help you decide whether to proceed with a contested or uncontested divorce based on your unique circumstances.
Grounds for Divorce in Suffolk, Virginia
Virginia allows couples to file for either fault-based or no-fault divorce. If you choose to pursue a fault-based divorce, you must be able to prove the grounds you allege.
Grounds for No-Fault Divorce
In Suffolk, Virginia, the grounds for a no-fault divorce include:
- Living separate and apart for at least one year without cohabitation.
- Living separate and apart for six months if there are no minor children and a valid separation agreement has been signed by both spouses.
A no-fault divorce does not require proving wrongdoing by either spouse. It only requires showing that the marriage is irretrievably broken.
Grounds for Fault-Based Divorce
If you pursue a fault-based divorce, you must prove the grounds you allege. The grounds you choose can affect custody decisions, spousal support, and property division.
Virginia recognizes the following grounds for fault-based divorce:
- Adultery: Voluntary sexual intercourse outside marriage, proven by clear and convincing evidence.
- Willful desertion or abandonment: One spouse leaves with the intent to desert.
- Cruelty: Conduct causing physical injury and a reasonable fear of bodily harm.
- Felony conviction: A spouse is convicted of a felony and sentenced to confinement for one year or more.
Divorce Process in Suffolk, VA
Once you have an initial consultation and retain our divorce attorney, we begin the divorce process together, which includes:
- Filing a Complaint for divorce in the appropriate Circuit court.
- Serving the divorce Complaint on the other spouse, who then has 21 days from service to respond to the Complaint.
- Attending hearings, settlement conferences, and ultimately trial, if the divorce remains contested.
- Drafting or reviewing a separation agreement, if the divorce becomes uncontested.
- Issuing and responding to discovery.
- Communicating with the court as well as other counsel and parties, as appropriate.
- Strategizing solutions for relevant issues that occur while the divorce is pending.
- Finalizing the divorce. Uncontested divorces can be finalized through affidavits without appearing in court. Contested divorces usually require discovery, hearings, and a trial before a judge issues the final decree.
The process is typically straightforward in uncontested divorce cases, but more complex if disputes arise over property, support, or custody.
How Is Marital Property Divided in a Suffolk Divorce?
Virginia is an equitable distribution state which means the court does not automatically divide marital property equally. Instead, the court considers factors such as the duration of the marriage, each spouse’s contributions, debts, the needs of the parties, and the circumstances of the divorce to determine a fair distribution.
Family court also accounts for separate property, such as gifts, inheritances, or property owned before the marriage that was not commingled.
How Can a Suffolk Divorce Lawyer Help Me?
As a Suffolk divorce law firm, we provide critical assistance by protecting your legal rights and guiding you through the divorce process. We help with correctly filing paperwork, negotiating settlements on property division, child custody, and spousal support, and representing you in court if disputes arise.
We are especially valuable when your case involves abuse, contested financial matters, child-related issues, or when your spouse has legal representation. We also help reduce stress by explaining your legal options, meeting all deadlines, and advocating for you and your interests in every part of the process.
Place Your Trust in The Suffolk Family Law Attorneys at Montagna Law
If you are ready to take the next step, we are here to help. Our Suffolk divorce attorney has years of experience under her belt and can give you personalized attention and legal counsel through every part of your divorce. We understand how emotional and challenging this time can be, and we are committed to protecting your rights while helping you move forward with confidence.
Contact us today by giving us a phone call at 757-622-8100 or filling out our online contact form.
Frequently Asked Questions
What Is the First Step When You Want a Divorce?
When you decide to divorce, the first step should be consulting a divorce attorney to understand your rights and options. The attorney can provide legal advice and help you make sound decisions.
Do I Need a Separation Agreement in Virginia?
No. Virginia does not require a formal separation agreement to file for divorce. However, having a written separation agreement can resolve issues about living arrangements, property division, child custody, and support, which will simplify and speed up the process.
How Can I Get a Divorce Immediately?
Virginia law does not allow immediate divorce. Spouses must live “separate and apart” for a required period, which is typically one year (if there are minor children) or six months (if there are no minor children) and have a separation agreement before filing for a no-fault divorce.
Can I Get a Divorce Without Going to Court?
In uncontested divorces where both spouses agree on all terms, the divorce usually proceeds without a court hearing. The parties submit a settlement agreement, final decree, and other relevant paperwork for the judge’s approval, often avoiding the courtroom.
How Long Does an Uncontested Divorce Take in Suffolk, VA?
The timeline for an uncontested divorce depends on various factors, but the court generally finalizes the divorce within 60 to 90 days after you file all paperwork and meet the statutory separation period.
How Long Does a Divorce Take if One Party Doesn’t Agree?
When one party contests the divorce, the process can be lengthy due to discovery, hearings, and a trial. Such contested divorces usually take between 1 to 3 years, depending on the case complexity, the availability of the court and all parties, and the level of cooperation amongst all parties and counsel.
How Much Does It Cost to Get a Divorce in Suffolk, VA?
The cost of a divorce in Suffolk depends on many factors, including whether it is contested or uncontested and the complexity of the issues involved. Uncontested divorces tend to be less expensive because they simply require less attorney time. Contested divorces, which involve disputes over property, custody, or support, are more costly due to the need for additional legal work, court appearances, and negotiations. It is important to discuss your specific situation with an attorney to understand potential expenses.
How is Child Support Determined in Suffolk, VA?
Child support in Suffolk is determined under Virginia’sChild Support Guidelines. These guidelines aim to provide a level of financial support for children similar to what they would have if their parents lived together. Courts consider factors such as the combined income of both parents, the parenting time schedule, work-related childcare costs, and health insurance coverage costs for the children. The guidelines include a formula that calculates each parent’s share of support based on their income and circumstances.
What is Different in High-Asset and Military Divorces?
High-asset divorces often involve careful valuation of real estate, investments, business interests, and retirement accounts. Professionals such as appraisers or financial experts may be needed to determine the value of marital assets and debts as well as what assets and debts may be separate or hybrid.
Military divorces must follow state divorce laws as well as federal laws like the Uniformed Services Former Spouses’ Protection Act (USFSPA) which governs the division of military retirement pay. The Servicemembers Civil Relief Act (SCRA) also provides certain legal protections for active-duty service members during civil proceedings like divorce.
