Family Law Attorney in Portsmouth, VA

Family law matters touch some of the most personal parts of your life, and the decisions made during a divorce or separation can affect your finances and your future for years to come. Levin & Levin, P.C. has represented individuals and families throughout Portsmouth and the Hampton Roads area in divorce, separation, and related family law matters for decades.

Virginia recognizes both no-fault and fault-based grounds for divorce. A no-fault divorce is based on living separate and apart without cohabitation, generally for one year, or for six months if you have no minor children and have signed a written separation agreement resolving property, support, and other issues. Fault-based divorce is available on specific grounds, including adultery, cruelty, desertion or abandonment, and certain felony convictions, and doesn’t require the same waiting period, though it does require proving the specific misconduct alleged.

Choosing between a no-fault and fault-based approach isn’t just a matter of paperwork. Fault can affect spousal support and, in some cases, how the court views the overall case, so it’s worth discussing your specific situation with an attorney before deciding which path makes sense for you.

A separation agreement is a contract between spouses that resolves issues like property division, spousal support, debt allocation, and, where applicable, custody and child support, without waiting for a judge to decide those issues at trial. A well-drafted separation agreement can significantly shorten the path to a no-fault divorce, since Virginia allows a six-month separation period instead of a full year when spouses without minor children have signed one.

Once signed, a separation agreement is generally enforceable as a contract, and it can later be incorporated into the final divorce decree, giving it the added enforcement power of a court order. Because these agreements settle significant financial and personal matters, often permanently, it’s important to have an attorney review the terms before you sign, even if the process feels amicable.

Marital agreements, sometimes called postnuptial agreements, are similar to premarital agreements but are entered into after a couple is already married. Under Virginia law, married couples can agree between themselves how to handle property rights, financial matters, and other issues, with the agreement taking effect immediately upon signing rather than upon marriage.

These agreements can address how property will be divided if the marriage ends, spousal support arrangements, and other financial matters. As with any contract of this significance, both parties benefit from independent legal advice and full financial disclosure before signing, since a marital agreement can later be challenged if it wasn’t entered into knowingly and voluntarily.

Virginia courts consider a range of factors when deciding whether to award spousal support, and if so, how much and for how long. These factors include each spouse’s financial needs and resources, the standard of living established during the marriage, the length of the marriage, each spouse’s age and physical and mental condition, and the earning capacity, education, and job skills of each party, including how career and parenting decisions made during the marriage affected that earning capacity.

Fault can also play a role. If a divorce is based on adultery, the court generally cannot award spousal support to the spouse who committed adultery, except in cases where denying support would work a manifest injustice. Spousal support can be awarded for a defined period, on an ongoing basis, or as a lump sum, depending on the circumstances of the case.

Many family law matters, including divorce, support, and other related issues, can be resolved by agreement and submitted to the court as a consent decree, sometimes called an agreed order. This allows both parties to avoid the time, expense, and uncertainty of a contested trial by presenting the court with terms they’ve already negotiated and agreed to. Once entered by the court, a consent decree carries the same legal force as any other court order, which makes it important to be confident in the terms before agreeing to them.

Our attorneys bring more than 60 years of combined courtroom experience to family law matters, and we understand that these cases are rarely just about legal technicalities. We work to resolve matters efficiently and amicably where possible, while being fully prepared to advocate for you in court when that’s what your situation requires.

Levin & Levin, P.C. represents clients throughout Portsmouth, Norfolk, Chesapeake, Suffolk, and the wider Hampton Roads region in divorce, separation, and family law matters. If you’re facing a divorce or need help with a separation or marital agreement, contact our office today to discuss your situation.