Divorce Standing Up for the Injured

Portsmouth Divorce Attorneys

Experienced Virginia Divorce Lawyers Serving the Portsmouth Area

Divorce is never anyone’s first choice, and the road to divorce can be long and painful. In addition to the dissolution of your relationship, you are also dealing with the division of assets, spousal support, potentially child support and visitation, and any other items addressed in your marital agreement.

The laws surrounding divorce in Virginia can be complicated, and you need an experienced divorce lawyer on your side. The Portsmouth VA divorce attorneys at Kozak & Davis will be able to answer all of your questions and provide you with the guidance you need to make legal decisions with confidence. For over 35 years, our family law firm has represented clients in the Portsmouth area with their best interest in mind.

If you are filing for divorce, call our experienced Portsmouth divorce lawyers at (757) 222-2224 or contact us online today.

Going through a divorce can be emotionally and financially challenging. It's important to have experienced divorce attorneys by your side who can protect your rights and ensure that your interests are represented throughout the process. At Kozak & Davis, P.C., our team of divorce lawyers in Portsmouth, VA, has extensive experience in handling divorce cases and can provide you with the guidance and support you need.

When you choose our firm to handle your divorce, you can expect:

  • Expert legal advice: Our attorneys have a deep understanding of Virginia divorce laws and can provide you with expert advice tailored to your specific situation.
  • Strong negotiation skills: We will work diligently to negotiate a fair settlement that protects your assets, property, and parental rights.
  • Courtroom representation: If your case goes to court, our skilled attorneys will vigorously advocate for your interests and fight for a favorable outcome on your behalf.
  • Emotional support: We understand the emotional toll that divorce can take, and we are here to provide you with compassionate support throughout the entire process.

Virginia Contested vs Uncontested Divorce

Uncontested Divorce:

In an uncontested divorce, both parties will have to provide a written separation agreement. The separation agreement must include important details about the dissolution of the marriage and division of assets, property, child custody and child support.

  • If there are no minor children involved, the couple can file for divorce after a six-month separation.
  • If minor children are involved, the court requires a separation of at least one year.
  • After the mandatory separation period, uncontested divorce will typically take 30 to 90 days to finalize.

Contested Divorce:

Contested divorces are more complicated, and occur when ex-spouses are in the midst of custody or property disputes. Contested divorces can be incredibly painful, as well as difficult to resolve, and require experienced, knowledgeable legal counsel from divorce lawyers in Portsmouth, Virginia. The reasons for a contested divorce may include:

  • Adultery
  • Cruelty or abuse
  • Abandonment
  • Hidden assets
  • Custody battles
  • Financial disagreements
  • Property disputes

Do Uncontested & Contested Divorce Cases Have to Go to Court?

In any divorce, whether it is contested or uncontested, will need to work out the issues concerning child custody, child support, visitation schedules, property division, and spousal support. In an uncontested divorce, you only need to provide a written agreement stating that claims you and your spouse are on the same page. In a contested divorce, however, you would need to appear before the judge to settle the issues.

What are the Grounds for Divorce in Virginia?

Virginia is a "hybrid" divorce state, meaning our laws allow you to file for either a fault-based or no-fault based divorce.

To qualify for a no-fault divorce, you must have been living apart from your spouse for at least one year. You can reduce that timeline to only six months if you prepare a separation agreement and if you do not share any minor children. This is beneficial for those who cannot afford or rent two separate places to live.

A fault-based divorce requires some variation of proof, which can include include grounds such as:

  • one or both spouses commit adultery, sodomy, or buggery
  • a spouse is convicted of a felony
  • there has been a willful desertion or abandonment for at least a year
  • reasonable fear of bodily harm due to cruelty by one of the spouses

In the majority of cases, photographic evidence isn't going to qualify as proof. Proof must be hard evidence that one of the grounds above has been committed. If you do not qualify for a no-fault divorce, this would be the next option.

Do You Need a Lawyer for Divorce?

If you are filing for divorce, consulting with an experienced attorney is always recommended. Issues surrounding divorce such as child custody and support can complicate things further. You will need legal expertise to navigate through the variety of paperwork and processes. Having an experienced family attorney by your side can also reduce the amount of time you spend waiting for your divorce to finalize.

How Our Virginia Divorce Attorneys Can Help

Our divorce attorneys in Portsmouth, VA have over 100 years of combined experience, and you can trust that we are with you every step of the way. We will help construct a strategy that prioritizes your short and long-term goals by providing clear and accurate communication.

The way your divorce case is handled can impact the rest of your life, and we are committed to providing our clients with the personalized, detail-oriented representation they need and deserve.

For help with your divorce in Virginia, contact the divorce lawyers in Portsmouth, VA at Kozak & Davis at (757) 222-2224.

Commonly Asked Questions

What is the process for filing for divorce in Portsmouth, VA?

To file for divorce in Portsmouth, VA, you will need to gather all the necessary documentation, such as your marriage certificate, and complete the required forms. You will then need to file the forms with the appropriate court and pay the filing fee. After filing, you will need to serve the divorce papers to your spouse, either through a process server or certified mail. The next steps will depend on whether your divorce is contested or uncontested.

How long does it take to get a divorce in Portsmouth, VA?

The time it takes to get a divorce in Portsmouth, VA can vary depending on various factors, such as whether the divorce is contested or uncontested, the complexity of the issues involved, and the backlog of cases in the court. Generally, uncontested divorces can be finalized relatively quickly, within a few months. Contested divorces, on the other hand, can take much longer, sometimes up to a year or more.

What are the residency requirements for filing for divorce in Portsmouth, VA?

To file for divorce in Portsmouth, VA, either you or your spouse must have been a resident of the state for at least six months prior to filing. It is important to meet the residency requirements before initiating the divorce process.

Can I get a divorce without going to court?

In some cases, it is possible to get a divorce without going to court. If you and your spouse are able to reach an agreement on all the issues, such as child custody, child support, property division, and spousal support, you can file for an uncontested divorce. In this case, you may be able to complete the process through mediation or through the submission of written agreements to the court. However, if there are unresolved issues or disputes, you may need to go to court to have them resolved.

Read What Our Clients Say About Us

  • “I highly recommend! Professional and quick to answer any questions always!!!! Highly recommend!!!”

    - Former Client
  • “Warren "The King" Kozak helped me out of a big jam a few years ago. I am a lawyer, and know the good from the bad, he is among the best.”

    - Former Client
  • “The best in town.”

    - Donald Parker
  • “Mr. Kozak returned my child to me with full custody. He was a blessing to me and I see his reputation is still top notch!”

    - Sheril Mason
  • This is a very caring law firm. After going through a 3 year custody battle it's been nice having someone on our side.

    - Former Client