Finding the Right Family Law Attorney in Newport News, VA

Overview of Family Law Issues in Newport News

While you may not immediately think about the complexity of family law matters, these areas of the law affect everyone in some way, shape or form. Still, most people are surprised to learn that the family law process in Newport News, VA and surrounding cities in the Virginia Peninsula is both broad and complex. Knowing how the law works is essential to your case, but having an understanding of how the legal community in Newport News, VA works is equally important.
The most commonly-held perception of family law is that the law mainly covers divorce, child custody and child support. Family law covers these issues, but it also covers divorce and separation property division, spousal maintenance and property valuation, valuation appraisals for retirement benefits, high-income support computations, and high-value property valuations, business valuations, valuation of complex properties and real estate appraisals. When your case includes any combination of these types of issues , it may benefit you to get a Newport News divorce lawyer to help you. Of course family law may also cover cases of guardianship, adoption, surrogacy, paternity and intestate succession.
Your family law process in Newport News, VA could include costly and time-consuming litigation due to many complications. You may find yourself preparing for mediation to settle issues between you and your spouse through your Newport News divorce lawyer. You may choose to opt-in for a formal collaborative process which can also be facilitated by a Newport News divorce lawyer.
As such, it is only logical that there are many points in the family law process where it will benefit you deeply to hire an experienced and highly regarded Newport News divorce attorney. While you may be able to save money involved in some areas of the process by completing them without legal counsel, you will ultimately find the most benefit by hiring a Newport News divorce attorney.

The Importance of Hiring a Family Law Attorney

There are a number of reasons that you should have the help of a Family Law Attorney when dealing with child custody, divorce, support, separation, and other matters. There is a very good chance you will NOT know all the procedures for Virginia law that apply to your case. These cases can be complex, and have serious long term implications on your life.
It is unfortunately the case that many people will not be able to afford a private attorney when they are experiencing a separation or divorce. When that is the case, the person must represent themselves, which is highly discouraged. In addition, however, there are some people who have the financial ability but who…either choose to proceed without an attorney, or think they can do so.
Understanding the steps in a case-from initial pleadings to trial preparation to final judgments-can be foreign territory. Often times, there are also critical procedural steps that need to be followed in order to avoid dismissal of your case…issues like having the correct named parties, determining whether temporary relief is available, deciding if you can get a hearing date in front of a Judge, and knowing what documents to file.
Most likely, you won’t even have the time to try to figure this all out.
These cases are not the time to be "cheap." Poor representation by someone who knows the law poorly can have disastrous consequences on the life of that person. In addition, these cases often require someone to be your advocate…someone who can fight for your interests and at the same time be tactful…especially since many of these cases end up with both parties have to communicate about children or finances after the matter is resolved.

Common Case Types for Family Law Attorneys

In Newport News, VA, family law attorneys handle a broad spectrum of cases. One of the most common types is divorce. Divorce may be contested (in which both parties argue to the court about how marital property and debts should be divided) or uncontested (in which the couple has entered into settlement agreement resolving these matters before they file in court). Divorce is the most commonly known family law case, but when your family is in a quandary, there are other issues for which a family law attorney is uniquely trained to assist. Custody is another major area where a family law attorney can assist your family. Often, cases requiring a custody determination also involve a divorce or separation. A divorce cannot be finalized until any dependency or custody issues have been resolved, as dependency (custody) is a domestic relations matter. In addition to and part of a custody determination, parents may also seek child support. Courts do not have jurisdiction (the power to rule) over this matter unless it is requested by one of the parties. Custody and support are part of the dependency matter of domestic relations. Because of the limited jurisdiction of a court, most family law attorneys include in their practice custody and support determinations. As in all matters in court, judges analyze custody and support pursuant to the Code of Virginia. Because these determinations are so important to the future of a family, judges rely on experts and the testimony of the parties themselves to make their determinations. Be sure to engage an attorney who will work with you through the entire process and ensure your rights are protected while also keeping your costs low.

How to Choose a Family Law Attorney

When it comes to choosing a family law attorney in Newport News, there are several factors to consider. First and foremost, your attorney should be licensed to practice in Virginia, as this is where your case will be heard. You can check the Virginia State Bar’s website to verify an attorney’s licensing status.
In addition to being licensed, your attorney should have experience handling cases similar to yours. For example, if you are seeking a divorce, you will want an attorney with experience in divorce cases. The same goes for child custody cases, property division cases, and other types of family law matters.
Client reviews can also be a helpful tool in finding the right family law attorney. Online reviews can give you insight into an attorney’s communication style, approach to cases, and more. It can also be helpful to ask for recommendations from friends or family who have been through similar legal issues.
Finally, it is essential to have good rapport with your attorney. Your attorney will be handling some sensitive matters, and you want someone you can trust to look out for your best interests. Take the time to "shop around," so you can choose the right family law attorney for your specific needs.

The Legal Process for Family Law Matters in Newport News

In seeking a family law attorney to assist with a divorce, custody or support case in Newport News, it is important to understand the legal process involved. Although the timeline and number of events in any particular case can vary widely, the below list is typical for the progression of a family law case in Newport News.

• The first step involves meeting with a lawyer for a consultation. In general, you should bring any documents relevant to your case for the attorney to review. The most important documents would be your most recent paystub, any Orders entered in previous Court cases, the Petition for Divorce (if a divorce case) and any recent Bills from health care providers (if a support case), among others. A lawyer will be able to give you an idea of how your particular case may progress.
• Retain the lawyer. At this point a retainer is paid, the representations agreement is signed, and a financial statement is filled out for the lawyer’s file. The lawyer must have a general understanding of your finances before proceeding in the case.
• The lawyer will contact the Court and schedule a hearing. It is important to note that if a case is filed against you for Divorce and you do not retain a lawyer, the final hearing could be scheduled by your spouse, and you will be required to appear without representation.
• Discovery occurs. This is the process of gathering information about each side’s assets, debts and income . There are a number of methods through which discovery may be obtained, but the most common methods are as follows:

a. Interrogatories (questions) in writing to be answered under oath
b. Production of documents to the other side in which you exchange your financial information
c. Oral depositions (questions in person with a court reporter present, under oath)
d. Request for admissions in writing to be admitted under oath
e. Subpoena duces tecum to banks, employers and other entities to produce records relating to assets or bills or income.
The Court has discovery rules, applicable to both sides, which requires you and your spouse to exchange all the information listed above. If one party refuses to provide the information, a Motion to Compel may be necessary.

• Mediation may occur. This is a settlement process in which the parties may utilize a third-party neutral (or one neutral per party) to try to resolve the case.
• Hearing. The case will be heard in front of a Judge who will be required to make a decision regarding the issues raised in the case.
• No Pre-Trial Conference is held in cases in Newport News. A Motion to Set a Trial Date may be required, and then the case will be placed on the court’s calendar for a trial date.
• A trial is held. Most cases are tried before a judge – but some may be tried before a jury.

Advantages of Local Knowledge

When seeking a family law attorney who is based in Newport News, Virginia, an obvious concern is whether that lawyer knows the relevant law, and what the local court rules are. An experienced local attorney will have more than mere general knowledge of these things. An experienced local attorney for the Newport News area needs to know the particular judges who handle family law cases in this area on a regular basis, as well as the procedures that particular judges may have in regards to family law matters. Local Attorney’s who routinely handle divorce matters in the Newport News, Virginia area should know the specific preferences of the various different judges in terms if the forms to be used in particular cases, etc. This type of practice "massaging", will make your case run much smoother, and help you avoid pitfalls resulting from not knowing the specific practices and procedures of judges that your local attorney has experience with in Newport News and Hampton, Virginia.
If you hire an attorney from outside of Virginia, that person will not know of, or have similar experience with, the specific issues in your case as in the example given previously, and may not know to run around and drive in the freezing rain in old cars like some of us have in this local area to the various courthouses in Newport News, Hampton, York County, James City County, and others when a case requires it. Will your out of state and non-local attorney take the time to do that? Probably not. There are some things only a local attorney would do, that an out of state attorney probably wouldn’t. We know where to go in Newport News to get our own photos of accident scenes, for example. Will your attorney from out of state do that? Probably not, they will probably hire a local private investigator to do it, in any event there is a cost involved with that to clients. Your local attorneys probably have all their own camera work they have done in local car accidents etc., and are used to doing it themselves in Newport News, Hampton, York County, and elsewhere in the Peninsula, because they care about their clients and pride themselves in maintaining their own set of photos from their own camera work.

Common Questions

FAQs – Finding The Best Family Law Attorney In Newport News, VA
How do I know if this is the right family law attorney for me?
Your relationship with your attorney is one of the most important pieces of your divorce or separation. You should feel comfortable with your attorney and confident in their advice and direction.
How soon should I contact a Newport News family law attorney?
As soon as possible! As mentioned above, the sooner you start to speak with an attorney, the better off you’ll be. A lawyer can help you determine what steps you should be taking and, in some cases, how to preserve certain documents and records.
How much will a family law attorney in Newport News, VA cost me?
This answer is different for every family law attorney. This question can typically be answered by telephone if you explain your situation. Family law attorneys usually bill at an hourly rate. Having an estimate for the potential total cost of your case can help you budget accordingly.
I have a child with an ex. Will I have to pay spousal support?
This is a complicated question that depends on many factors. First, are you married? If you are not and you only have a child in common, you will not owe your ex spousal support but may owe child support. Spousal support is also referred to as alimony.

Summary and Next Steps

In this guide, we have discussed a wide array of tips for evaluating and selecting the right family law attorney for your needs in Newport News, VA. We started by discussing the range of family law issues for which you may need representation, followed by the areas of specialization that many family law attorneys offer. We also talked about what you should expect the initial consultation to entail, how fees for different types of cases might differ between attorneys, and the importance of doing extensive research on your lawyer’s reputation in the community. There is no exact science to finding the best attorney for your particular needs, but the points we discussed in this guide can provide a framework for you to follow and for you to consider when narrowing down your options . Most importantly, you need to be diligent in your research and ensure that the attorney you’re considering has plenty of experience, a wealth of knowledge about family law issues and plenty of satisfied past clients. As with any kind of professional service, you should work to strike a balance between ensuring the attorney you hire is an expert in the field while also being aware of the cost that would entail. It’s a common misconception that the most expensive attorneys are necessarily the best, because there are plenty of skilled, knowledgeable lawyers who bill by the hour at a lower rate. Trust your instincts and be transparent with the attorney about your abilities to afford their services. If you do find that you require the services of a family law attorney in Newport News, VA, following these tips and doing thorough research could help you find the right professional for your needs.