One of the first things most of our divorce clients ask is, “How long does a divorce take in Virginia?” When you decide to divorce, it’s understandable you would like to have it over with as soon as possible.
However, the timeline for finalizing your divorce depends on your specific situation. Whether you have a no-fault or fault-based divorce and whether your divorce is contested or uncontested determines much of the timeline.
Whether you have children and whether you have a signed property agreement also impacts the timeline.
Schedule a consultation with the Manassas divorce attorneys at Collins Family Law to discuss the specific facts of your case, and we can help you know which options are best for you and how long your divorce proceedings will likely take. Please be advised that there is a $300 consultation fee for new clients as part of our intake process.
Virginia Fault Divorces
Filing a fault-based divorce does not always mean you will be granted a divorce sooner than filing a no-fault divorce.
Virginia Code § 20-91 outlines the grounds for divorce. Fault grounds include adultery, felony conviction, cruelty, and desertion. If you can prove one of those fault grounds exists, you do not need to be separated for a specific time before filing.
While alleging one of these grounds in your complaint means you can file immediately, you will still not be granted a divorce until you prove beyond a reasonable doubt to the court that the grounds exist. Proving fault grounds for divorce can be challenging.
Even if you can prove one of the fault grounds, you will still need to wait until you can get a court date for your hearing. Depending on the court’s docket, you may have to wait months for a hearing date.
Virginia Contested Divorces
A contested divorce is necessary when you and your spouse do not agree on getting divorced or about the various issues in your divorce.
When you and your spouse can not agree on the terms of your divorce, the process can take significantly longer. However, if you can mediate and resolve your issues, your divorce may proceed more quickly.
If you cannot agree and a court must decide the issues such as child custody, child support, and property division, the process may take several months or even years.
Virginia No-Fault Uncontested Divorces
The quickest way to get a divorce in Virginia is to have an uncontested divorce, which our Manassas uncontested divorce attorneys can guide you through. In an uncontested divorce, the only grounds you need are to have lived separate and apart for either six months or one year, depending on your circumstances.
If you have no minor children and have both signed a settlement agreement, you can file a complaint for divorce after a six-month separation period.
If you have minor children or have not signed a settlement agreement, you must wait one year to file for divorce.
In either case of an uncontested divorce, once you file your complaint for divorce, your divorce is usually finalized within six to eight weeks.
Contact Us Today
If you are considering divorce, consult an experienced family law attorney to understand how Virginia’s family laws apply to your case.
When you schedule a consultation with one of our Manassas family law attorneys, we will listen to the facts of your situation and advise you on the best way to proceed.
We understand you want your divorce to be finalized as quickly as possible. We also understand that divorce issues can be complex and emotionally challenging. We are here to help guide you through this difficult time with your interests protected. Call (703) 755-7343 or visit our contact page to schedule a confidential consultation.