Virginia Divorce Lawyers Free Consultation – Divorce is rarely, if ever, an easy process. Spouses often disagree on issues such as the division of property or child custody. If they cannot agree on conflicting issues, divorce may result. This may extend the trial period. It takes time, often months or longer, for a case to go to court. Contested divorce proceedings are often emotional and painful, but help is available. A divorce attorney who understands Virginia family law can help you understand your rights and develop a strategy for your case. They will fight for you at the negotiating table and in the courtroom. The experienced attorneys at Montagna Law are here to help ease the confusion and stress of divorce. Call (877) 622-8100 or fill out our online contact form today.
The Virginia divorce attorneys at Montagna Law have over 50 years of experience and have helped hundreds of families resolve a variety of legal issues. We are a professional, dynamic, caring and hard-working team who provide a practical, efficient and compassionate service. Our law firm consists of certified mediators with experience in matrimonial matters.
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A contested divorce is any matter where the parties cannot agree or disagree. Instead, they may have to take the matter to court for a judge to decide. Divorce cases can be controversial due to:
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A no-fault divorce in Virginia only requires that the parties live together for a short period of time. A no-fault divorce requires proof of one of five grounds under Virginia law:
The more evidence you can present to the court to support your claim, the more likely you are to win. Helpful signs may include:
Divorce proceedings begin when one spouse files a petition in a Virginia court and arranges for service on the other spouse. If both spouses intend to divorce involuntarily from the beginning, they can prepare documents showing that they agree on important issues. One spouse may intervene in the divorce proceedings at any time, denying the other spouse or the settlement.
Couples can resolve their divorce by settlement. If they fail to agree on a settlement, the case may go to court. Test preparation can be expensive. Scheduling a hearing can take a long time because the courts are overcrowded.
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Divorcing couples may need to go through a discovery process that will enable them to gather evidence from each other and others. Due to the complexity of the case, they may conduct interviews with witnesses, which can significantly increase the cost of the case both financially and in time.
The answer to this question depends on the specific issues raised in the divorce proceedings, your will and your spouse’s attempts to reach a settlement, and more. Eighteen months is likely the period in which you can contest a divorce from the time you file for divorce to the day the judge signs the final divorce decree.
If you file, your divorce will not become final until thirty days after the judge signs this order. Then you or your future spouse can file a lawsuit.
Virginia uses an “equitable distribution” system when distributing property. Most property acquired during a marriage is considered marital property and is divided upon divorce. The same applies to property transferred during marriage. Divorcing parties may disagree about whether an asset or debt is marital property or how to divide marital property or debts.
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To properly divide assets and liabilities, the court must consider many factors, including:
Divorce is painful and difficult. Family law lawyers are experienced in resolving the emotional and legal issues associated with family disputes. They understand legal jargon, know how to survive a divorce and fight for continuity. The Virginia attorney at Montagna Law can provide you with insightful advice and suggestions on how to prepare and pursue your case.
Montagna Law handles family law matters in the Hampton Roads area, including Virginia Beach, Norfolk, Chesapeake, Portsmouth and Suffolk. To request a consultation* with an experienced divorce attorney, call (877) 622-8100 or fill out our contact form today.
*Consultation fees are $50 for a telephone consultation of up to ½ hour and $100 for an in-person consultation of 1 hour. The consultation fee is then paid to the client if they choose to work with us within 30 days of the initial consultation.
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Author: Jon Montagna Attorney Jon Montagna holds a BA in Literature from American University in Washington, DC. He graduated magna cum laude from the University of Miami in 1999. Jon practices law in Hampton Roads, Virginia. View profile Family law lawyers provide advice and protect your rights in difficult situations. Serves Virginia and North Carolina.
Divorce can be very difficult. Not only do you have to go through the mental and emotional stress that divorce causes on both spouses, but you also have to deal with legal jargon and navigate the divorce process.
It’s even more difficult if you have children, need to divide retirement accounts, business assets, or divide equity in your home.
There are many things to consider when beginning the divorce process. It can be overwhelming and you don’t know where to start. Fortunately, Melone Hatley, P.C. is here to help. We continue to be recognized as a leading professional and compassionate law firm serving Prince William County. Our office wants to help and we look forward to guiding you through this difficult time.
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Divorce problems? Contact our office today or schedule an interview with one of our service coordinators.
In this guide, you’ll learn how to recognize and avoid the ten most common mistakes people make during a divorce.
Not everyone can get a divorce in Prince William County. You must have the right not only to file for divorce, but also to have the court uphold your petition.
First, at least one spouse must have lived in Virginia for at least six months before filing for divorce. Parties may encounter jurisdictional issues if one spouse is not related to Virginia or if one spouse serves in the military.
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The divorce filing fee must also be paid when you first file for divorce. In Williamsburg County, the average fee is $86.00. Fees vary depending on your service requirements and whether you want the sheriff to provide a copy of the document to your spouse or have it done by a private server for processing.
Virginia also specifically requires that you have grounds for divorce. These reasons must exist before you file for divorce. Examples of probable cause include adultery, one spouse has been convicted of a crime (and served at least a year in prison), or the parties have been together for at least a year. If you don’t have children, you can say you’ve been living apart for six months.
Divorce fees in Northern Virginia vary greatly. A high number of divorces can be very expensive. For example, if your divorce involves any of the following issues, costs may increase, especially if these issues are very competitive:
Every case is different, so issues affecting your specific situation will impact the overall cost of your divorce.
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Generally, VA divorce lawyers charge an hourly rate. This fee is typically between $390 and $450 per hour. Hourly rates depend on experience and knowledge in a given field.
Of course, attorney fees are in addition to paychecks and other related expenses. In some cases, you may need experts who can value your property or business. The required psychiatric or medical specialists may involve significant costs.
Divorce problems? Contact our office today to schedule an interview with one of our service coordinators.
A contested divorce is one in which the couple does not agree on everything before filing for divorce. The grounds for divorce may be contentious, or there may be disagreements over other aspects of the divorce.
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The majority of divorce cases are contested divorces. Divorce disputes are common because even if couples agree on the grounds for divorce, they may disagree in other areas, such as child custody, division of property, division of debts, alimony (spousal support), and visitation.
To prove adultery, you must provide specific and convincing evidence that your spouse had sex outside of marriage. Clear and convincing evidence is nothing more than the assumption that your spouse is having an affair – you usually need to know the name and approximate dates of the incident.
Letting go takes more than just breaking up. The other spouse must have left behind financial obligations or other evidence of abandonment and there must have been a real break.
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