A divorce is a long, difficult process. The length of time it takes to finalize a dissolution of marriage depends on the type of dissolution of marriage (consented and unconsented) 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 dissolution of marriage. Also, to file for dissolution of marriage 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.
An unconsented dissolve bonds of matrimony (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 unconsented dissolve bonds of matrimony, 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 unconsented dissolve bonds of matrimony 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 divorce can be finalized in 6 to 8 weeks.
A consented (fault) divorce is one in which spouses cannot come to an agreement on the settlement of the divorce. Virginia is one of the very few states that allows fault ending of the marriage are all variations. A spouse may file grounds of a fault during a divorce. 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.
Prenuptial agreements can simplify the division of assets and other issues that may arise during a divorce.
Similar to the unconsented divorce, the length of time for the divorce 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 consented 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 Divorce case in Virginia, call us at 888-437-7747. Our Virginia Divorce attorneys can help you.