If you are reading this, we understand that you are probably not satisfied with your current situation. However, we are confident that you will be pleased with the legal representation you receive here. While changes won’t happen instantly, we firmly believe that your circumstances will improve soon. Our team of trial lawyers and paralegals is committed to making that happen.
If you are facing the challenges of divorce, having legal representation on your side is absolutely essential—there is no doubt about it. You must take action now to safeguard what matters most: your children, your home, your property, your retirement—your future. The person you once trusted as a partner is now, at best, the opposing party.
Your priority now is to find the right attorney for you. Not all attorneys are the same, and choosing the best one can make a significant difference. We are here to help.
There is No Doubt That You Need to Move Now. But…
Over coffee, one friend tells another, “Well, it’s finally over—Frank’s divorce lawyer got the apartment, and my lawyer got the two cars and the beach house!” Clearly, neither of them seems very pleased with their legal representation.
We find it unfortunate that many attorneys rely on the same outdated strategy—dragging the process out until it’s finally finished. This approach inevitably leads to delays, increased frustration, and higher costs for you.
That’s why it is absolutely crucial to work with a lawyer who takes a different, more effective approach. The most common complaints about divorce attorneys? Lack of communication, slow progress, and excessive fees. At Holcomb Law, we are redefining what it means to have a divorce lawyer.
There are Options!
So how can we navigate it successfully, ensuring your assets and future are protected—without adding unnecessary stress? Many people don’t realize that there are alternatives. Take mediation, for example.
Studies suggest that mediation can lower costs by up to 80%. National statistics show that more than 85% of mediations result in an agreement, and nearly all of those who settle through mediation are satisfied with the outcome. What if going to court was our last resort instead of our first? (Visit our Mediation Page for more details.)
Another option is to request a Negotiation Settlement Conference, which can resolve all property matters in just one day—without involving the court system. If your attorney has experience in mediation or formal negotiation training, they should be just as dedicated to advocating for you outside the courtroom as they are inside it. You have choices.
Don’t get us wrong…
We are a team of litigators. Sometimes, going to court is not only the only option but also the best one, and when that happens, we are well-prepared for the battle. Many of our family law attorneys come from military backgrounds, so we understand what it takes to fight for what’s right. Protecting your future is our mission.
A Different Philosophy.
Contrary to what some may think, a divorce lawyer is a person just like anyone else. Hard to imagine, right? Each lawyer brings their own unique background, education, beliefs, and philosophy to their work.
Before hiring the lawyer you believe is the best in Newport News, VA, or anywhere in Hampton Roads, it’s crucial to ask about their approach to divorce. If they can’t clearly explain a philosophy that aligns with your needs, it’s time to move on.
There are other divorce lawyers…
Why choose Holcomb Law? If you don’t immediately feel that an attorney understands you, believes in your values, or is genuinely committed to working for your goals, then you should find a different lawyer.
We believe it’s essential to have a lawyer who is experienced in both negotiation and litigation and who is open to cost-saving options like mediation.
You need a divorce attorney with a fresh approach—one that’s different from the outdated, frustrating method of poor communication, delays, and high costs.
When you’re well-informed about the process, you can make better decisions. THAT IS OUR GOAL.
Get in touch with us today to schedule a “No Hassle Legal Strategy Meeting” (no sales pitch, just answers) where WE GUARANTEE that your attorney will address all of your questions and help you understand your options. You’ll leave feeling empowered and ready to move forward.
Call us today at (434) 777-1000 or email info@attorneyholcomb.com. We look forward to meeting you soon.
Crash Course on Divorce in Virginia
We believe that what you need most right now is information. That’s why we offer a wide range of free, downloadable resources on this site—to help you better understand the process. This is designed to reduce your stress during such a challenging time. We don’t hide information or charge you for legal advice. Fortunately for our clients, that’s just not how we operate! Below is an overview, but feel free to call us if you have any questions, and don’t forget to download our free eBook for even more helpful information.
Fault-Based vs. No-Fault Divorce
Virginia is one of the few states that still recognizes “fault-based” divorces.
What is a fault-based divorce?
- A “fault-based” divorce is determined by the actions or conduct of one spouse.
- One spouse must claim that the other is “at fault” for the divorce due to some form of wrongdoing.
What are the fault grounds in Virginia? The most common are:
- Adultery;
- Cruelty;
- Willful desertion, also called abandonment.
- One of the spouses is convicted of a felony and sentenced to more than one year of confinement;
However, most divorces in Virginia are no-fault divorces.
What is a no-fault divorce?
A no-fault divorce means that neither spouse is considered responsible for the end of the marriage. Some states refer to this as “irreconcilable differences.”
How do I obtain a no-fault divorce?
You can file for a no-fault divorce if you have been living separately from your spouse for:
- Six months, if you don’t have any children under 18 and have signed a written separation agreement.
- One year, if you have minor children.
Contested vs. Uncontested Divorce
What’s the difference?
A contested divorce occurs when the spouses cannot reach an agreement on one or more issues, such as child support, spousal support, or the division of retirement accounts.
An uncontested divorce happens when both parties have agreed on how to separate their lives, often because they want to minimize court involvement. A judge can grant the divorce based on a written Property Separation Agreement, as long as it covers all aspects of the divorce, including financial matters and custody and visitation arrangements for any minor children.
Divorce: What’s Going to Happen to My Life?
Child custody and visitation:
- If you and your spouse have children, you will need to determine a living arrangement that prioritizes your children’s best interests.
- Ideally, both parents should remain actively involved in their children’s lives after the divorce, even if the children primarily live with one parent.
- Custody is often the most challenging and fiercely disputed issue in a divorce.
Child support:
- Usually, the parent who does not have primary custody must make monthly child support payments to the custodial parent to help cover the expenses of raising the children.
- Virginia follows “Guidelines” from the Virginia Code, which courts use to help parents set up a financial arrangement that ensures the children’s needs are met while being fair to both parents.
Distribution of assets and debts:
- With a few exceptions, all property, assets, and debts are considered marital property (shared between both spouses) – regardless of who purchased it, earned it, or whose name is on the title or loan, as long as it was acquired during the marriage.
- This also applies to businesses owned by either spouse, though there are some exceptions.
Retirement Accounts:
- Just like assets and debts, retirement accounts in Virginia are considered marital property, owned by both spouses, as long as the contributions to the account were made during the marriage.
- Even if one spouse never worked, and all the contributions to the retirement account were made during the marriage, it will likely be divided between the spouses in the divorce.
- Military spouses also share in the retired pension of the service member, based on the portion of the marriage that overlaps with the time the service member served.
Spousal support:
- In some cases, one spouse may need to pay temporary spousal support to the other until they can gain the education and training needed to become more financially independent.
- In longer marriages, a lifetime spousal support award may be suitable, continuing until either spouse passes away or the recipient remarries.
Come Meet Us
If you’re facing divorce, it’s essential to have legal representation on your side. No doubt about it. Your goal is to find the best attorney for your needs. Not all lawyers are the same. Reach out to us at Holcomb Law to schedule a “No Hassle Legal Strategy Meeting” (No Hassle = no sales pitch), where WE GUARANTEE your attorney will answer all your questions and explain your options. You’ll leave fully informed and prepared.
Call us today at (434) 777-1000 or email info@attorneyholcomb.com.
