How long does finalizing a divorce take?
While having a divorce can be a long process, and also a difficult one to initiate and go through, it can also be an easy procedure if both individuals divorcing have discussed and agreed on the terms of being separated from each other.
How long does it take for an uncontested divorce in Virginia?
The definition of an uncontested divorce means that both you and your spouse have rationally discussed the terms of separation and agreed on the division of assets, debts, custody and more. It is mandatory to live apart from your spouse for the minimum time span of a year before an uncontested divorce is filed in the state of Virginia with the time span being reduced to at least six months if you don’t have minor children or a separation agreement is signed. The intent of being separated as well as physical separation defines legal separation.
Going to court is not mandatory and a court hearing can be avoided if you request to have the divorce heard by affidavit instead. While the timeline of the divorce is primarily dependent on the judge assigned to your divorce case and their schedule, this can still speed up the process. Your case is submitted on a written deposition in which it’s recapped on.
Afterward, this written disposition will then be reviewed by a judge for approval once it’s submitted to them.
The length of an uncontested divorce after the finalization of the separation period for the initial filing depends on the following things: the speed in which you reach a settlement and the amount of time it takes the court to analyze your case. Your case should be processed in an estimated time of between 6 to 8 weeks, that is of course if you and your spouse have no disagreements or qualms on your terms of separation.
How long does it take for a contested divorce in Virginia?
On the other hand, contested divorce usually takes a longer period of time to finalize. There are certain grounds for divorce in fault cases, these include: adultery, cruelty or bodily hurt, felony conviction and finally willful desertion.
Proof for each of these cases is, of course, mandatory, which makes these cases more complicated and time-consuming in comparison to an uncontested divorce, however, there can be benefits in cases of contested alimony or marital property.
The division of property is simplified by signing a prenuptial agreement between you and your spouse, plus the terms of alimony. This agreement grants child custody, but if the court judge sees the agreement to not being applicable due to what was presented before the court, this prenuptial agreement will not be enforced.
In Virginia, you and your spouse must exchange information between each other during the discovery phase in the form of disposition. Dispositions are executed under oath and act as a form of evidence that may be accepted by the court to help them decide the terms of separation.
All-in-all, the judge’s schedule, and your own specific and personal circumstances dictate the length of your contested divorce. Enough time should be taken for discovery and later presenting your own side of the argument to the judge, this process will usually be more extensive and complicated if there is high involvement of division of property or custody leading up to the court date.
If you need a Virginia Divorce Lawyer to help you with your divorce case in Virginia, call us at 888-437-7747. Our Virginia divorce attorneys can help you.