A divorce is a long, difficult process. The length of time it takes to finalize a divorce depends on the type of divorce (contested and uncontested) filed and the flexibility if both parties. in the state of Virginia, either of the spouses must be a resident of the state for at least six months before filing for divorce. Also, to file for dissolve bonds of matrimony in Virginia, it is required that the couple be separated for at least a year beforehand.
This may be reduced to six months if there are no minor children involved in the case and both parties sign an agreement on the separation in accordance to the state of Virginia.
An uncontested divorce (no fault) is where both parties can come to an agreement on the terms of the dissolve bonds of matrimony and do not have any major problems while working out a settlement.
In an uncontested divorce, it is possible to have the dissolve bonds of matrimony processed through an affidavit instead of a court hearing. While this may speed up the process, the length of 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 the court to process the dissolve bonds of matrimony. If there are little to no complications, the dissolution of marriage can be finalized in 6 to 8 weeks in accordance to the state of Virginia.
A contested (fault) dissolve bonds of matrimony is one in which spouses cannot come to an agreement on the settlement of the dissolve bonds of matrimony. Virginia is one of the very few states that allows fault divorces. A spouse may file grounds of a fault during a dissolve bonds of matrimony. Grounds of fault include but are not limited to:
- Wilful 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 deserting spouse had the intention of ending the marriage when leaving.
- Desertion was not justified.
- Filing spouse was against the desertion.
If there is a mutual agreement of separation, a spouse cannot file for desertion later.
- Involves violence, constant physical/mental abuse or a single horrific incident that is deemed sufficient by the court to show cruelty.
- Felony Conviction
When filing grounds for fault, proof must be presented to the court. This may create complications but can also be beneficial in cases involving disagreement on alimony or division of property in Virginia.
Prenuptial agreements can simplify the division of assets and other issues that may arise during a dissolution of marriage.
Similar to the uncontested divorce, the length of time for the dissolution of marriage to be finalized depends on how quickly a settlement is agreed upon and how long it takes for a court to process it. This can be anywhere between 3 to 18 months after the separation period. A contested divorce is finalized if no appeal is filed within 30 days after the signing of the decree.
If you need a Virginia Divorce Lawyer to help you with your dissolution of marriage case in Virginia, call us at 888-437-7747. Our Virginia divorce attorneys can help you.