If you have decided to get a divorce in VA, you are sure to face a number of hurdles in the process.
Approaching the right Virginia divorce attorney may be one the best things you can do for yourself.
If you are contemplating divorce, you may be curious to know the time a divorce process takes to get finalized
Based on the kind of divorce you choose, the divorce process may take between two to three months or one to two years.
The agreement you have entered into with your spouse also decides the duration of your divorce process. On doing basic research of the divorce law in Virginia, you will come to know that there are two types of divorces in Virginia, contested and uncontested divorce.
A contested divorce is filed when the parties to the marriage are undergoing endless conflicts on fundamental issues in the marriage. In such cases, they are unable to reach an agreement as to how to finalize the divorce and are fighting about child custody, support, and property division.
An uncontested divorce is filed when the parties in the marriage are able to mutually agree on the important issues that probably cause conflict. In uncontested divorce cases, the court has little work to do and does not interfere with the agreement between the parties.
An uncontested divorce is popular due to the fastness in which the divorce is finalized. Also if you take the assistance of a family law lawyer in Virginia who has several years of experience in handling such cases, then the time taken for you to be awarded the divorce would be quicker. Such uncontested divorce is also called a no-fault divorce in Virginia. As the term implies no-fault divorce means the parties to the divorce do not need a specific reason for requesting the divorce.
Though an uncontested divorce may be granted even if there is an absence of ground for divorce, Virginia law requires the fulfillment of certain conditions for applying for an uncontested divorce. One of the most important conditions is that at least one of the parties to the divorce must have been the resident of Virginia for a period of six months immediately before filing the divorce. If the parties to the marriage have children, the legally required separation period is 12 months before filing the divorce. If the parties have children, then the separation period is six months.
Usually, the process to obtain an uncontested divorce may be between three to six months and a contested divorce takes a longer time to obtain. Also, the time taken to obtain a contested divorce is based on certain other conditions like the time taken by the parties to try and arrive at a mutual agreement about issues like child custody, child support.
At times the time taken for a contested divorce case may be 18 months. Usually, the delay is mainly due to continuing conflicts between the parties during the divorce process.
Mr. Sris has assisted numerous clients with getting a divorce in Virginia. He has over 20 years of experience.