Obtaining a Divorce in Virginia

Obtaining a divorce in Virginia can be complex. Generally, a party initiates a divorce proceeding by filing a Complaint in the Circuit Court. Furthermore, the divorce will be either contested or uncontested. It is important to hire a skilled advocate. That is why you should call the Norfolk divorce lawyer, Anthony Montagna today at 757-625-3500.  Anthony represents divorce clients in Newport News, Virginia Beach, Portsmouth, and all of Hampton Roads.

 If the parties have a separation agreement, which resolves all the issues incidental to the divorce, the divorce action will generally be deemed uncontested. Additionally, if there are no minor children born of the marriage, born of one party and adopted by the other, or adopted by both parties, the divorce may be obtained after a six-month separation. However, if there are minor children born of the marriage, born of one party and adopted by the other, or adopted by both parties, the husband and wife must be separated for twelve-months before a divorce may be obtained. Conversely, if one issue is unresolved or all issues are unresolved, the divorce generally will be contested.

 In Virginia, individuals may obtain a Bed and Board Divorce (Divorce a Mensa Et Thoro) or Absolute Divorce (Divorce a Vinculo Matrimonii). A Bed and Board Divorce may be based on cruelty or apprehension of bodily hurt, willful desertion or abandonment, or constructive desertion.

In a Bed and Board Divorce, the Court can decree that the parties shall be perpetually separated and protected. However, neither party can remarry during the life of the decree. Finally, the Bed and Board Divorce may be merged into an Absolute Divorce unless the cause for the Absolute Divorce existed and known to the party applying for the Absolute Divorce before the Bed and Board was entered.

An Absolute Divorce may be obtained for adultery, sodomy, or buggery, if one party is convicted of a felony and sentenced to a term of incarceration greater than one-year and cohabitation has not resumed after knowledge of such period of confinement, cruelty or desertion, or the parties having separated and lived apart for a period greater than one-year.

 

 

 

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A Few of the Clients We Have Helped

  • "Mr. Montagna was the BEST!! I had reckless driving and 2 seatbelt violations ( one for a minor) and he got my whole case DISMISSED!! He is definitely the go to guy for your case… I couldn’t appreciate and thank him enough!"

    Sky B.
  • "Simply the best in the business. Got my 67 in a 35 mph reduced from reckless driving to an improper driving. He let me know what to do before court and I followed everything exactly. Would highly recommend him for any traffic case."

    Wesley F.
  • "Mr. Anthony Montagna understood the assignment! I am so glad I retained him. He is very professional, understanding, attentive, and easy to reach. He will make sure you get the best results as possible. Thank again Mr. Anthony and Kelly for taking care of me and serving me at my best. If anybody is thinking about looking into this law firm, please look no further!"

    Tiara S.
  • "I had a speeding ticket that was 21 over in a 30mph zone. He got my case dismissed. Whatever he asked you to get for court definitely get the paperwork. I really appreciate Anthony Montana for making my driving record go back to +5. He really knows the law and he is definitely an attorney I will use later in life if I will need him again. He does care about the people he helps in court."

    Jacob P.
  • "Mr. Montagna handles my periodic traffic offenses and always gets them dismissed. Depending on the charge he has had me take a driver improvement class, which was actually enjoyable, and my charges are always dismissed. I would never use anybody else for any kind of traffic offense. The cops seem to know him and the bailiff told me one time that I had chosen a good lawyer. Highly recommended."

    Cindy Williams
  • "Anthony helped me with a traffic ticket. His counsel was excellent and he really took the time to understand the situation and give expert guidance on how best to proceed. He got the ticket dismissed and I got points taken off my license as a result of his counsel."

    Michael Moore
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Areas We Serve

Norfolk, Newport News, Hampton, Suffolk, Chesapeake, Portsmouth, Williamsburg/James City County, Northampton County, Southampton County, Isle of Wight County, York County, New Kent County, Accomack County, Virginia Beach and all of Virginia.

DUI, Reckless Driving, and Traffic, Divorce, Custody, and Criminal Law

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