Divorce is a long and difficult process. The time it takes to finalize a divorce depends on the type of divorce (contested and uncontested) filed and the flexibility of both parties. In the state of Virginia, either spouse must be a resident of the state for at least six months before filing for divorce. Also, to file for divorce in Virginia, it is required that the couple be separated for at least one year.
This can be reduced to six months if there are no minor children involved in the case and both parties sign a separation agreement in accordance with the state of Virginia.
An uncontested divorce _ (no fault) is where both parties can agree on the terms of the divorce and do not have any major problems working out an agreement.
In an uncontested divorce, the divorce may be processed through an affidavit rather than a court hearing. While this may speed up the process, the time depends on the schedule of the judge assigned to the case.
The amount of time it takes to finalize an uncontested divorce after the time of separation depends on how quickly a settlement is agreed upon and how long it takes for the court to process the divorce. If there are few or no complications, the divorce can be finalized in 6-8 weeks according to the state of Virginia.
A contested (fault) divorce is one in which the spouses cannot agree on the solution to the divorce. Virginia is one of the few states that allows fault divorce. A spouse may present grounds for fault during a divorce. Failure reasons include but are not limited to:
- Voluntary abandonment / Desertion
- Purposely leaving a marriage without the consent of the spouse.
When filing under the grounds of desertion, proof of the following must be provided:
- The defecting spouse intended to end the marriage by leaving.
- The desertion was not justified.
- The filing spouse was against the desertion.
If there is a mutual separation agreement, a spouse cannot request desertion later.
- It involves violence, constant physical/mental abuse, or a single horrific incident that the court deems sufficient to prove cruelty.
- felony conviction
When grounds for guilt are presented, proof must be presented in court. This can create complications, but can also be beneficial in cases of disagreement over alimony or property division in Virginia.
Prenuptial agreements can simplify asset division and other issues that can arise during a divorce.
As with an uncontested divorce, the length of a divorce depends on how quickly a settlement is reached and how long it takes for a court to process it. This can be between 3 to 18 months after the period of separation. A contested divorce is finalized if an appeal is not filed within 30 days of the decree being signed.
If you need a Virginia Divorce Lawyer to help you with your Virginia divorce case, call us at 888-437-7747. Our Virginia divorce attorneys can help. C