How Long Will It Take To Get Divorced In Virginia?

Divorce could be a drawn-out and challenging process. If both sides can reach an understanding of the conditions of separation and forgo litigating the matter, the procedure can be reasonably straightforward. 

However, if the parties involved cannot come to a compromise, the number of measures that you must take increases. You should ensure the provisions are followed even in no-fault settlement case scenarios.

The decision to start the divorce proceedings can be intimidating, and the likelihood of a months-long course of action to fulfill it may make it more so. The Irving Law Firm’s experienced legal team is here to assist you throughout the process.

Uncontested Divorce

A no-fault divorce occurs once you and your partner agree with all aspects and conditions of your marriage dissolution, such as the division of assets, parental rights, spousal support, and child support terms.

The time it takes to finalize an uncontested divorce depends on how immediately you meet an agreement and how long the court manages your case. It covers the whole process that starts from the initial filing and the completion of the separation duration.

After six months or a year of separation, you can now finalize the process for an uncontested divorce reasonably quickly. Your divorce can be made official in one to two months, depending on how quickly you can comply and sign an estate legal settlement and the judge’s availability. 

You might even be capable of completing it without attending a court appearance if you file an affidavit or sworn testimony. If you and your spouse have little or no reservations about the accordance of your divorce, the court could resolve your situation in between six and eight weeks (Virginia divorce).

It is important to remember that writing up, endorsing, and submitting any paperwork takes a while. You can submit many documents simultaneously; however, the time frame will be determined by how proactive the other side is. 

Lastly, the duration is determined by the response time of the sides, lawyers, and presiding judge. You should consistently play your part by responding to your attorney’s queries as soon as possible.

Contested Divorce

You must file a contested divorce if you and your partner cannot decide whether to divorce or the implications of your marriage dissolution. If your divorce is challenged in court, you should expect your marriage dissolution to take longer than a year. 

First, you must decide what grounds for divorce you will pursue.

After submitting, you must wait for the opposing party to respond. You would then undergo the discovery process, which can take several months, in addition to setting trial dates in court.

Whatever the reason for your divorce, you could be obligated to be separated for a year. Whether or not no separation is required, the procedure can be time-consuming.

Each cause of a fault necessitates evidence. This makes things more complex and challenging, yet could be advantageous in litigation concerning contested alimony or marital assets. 

The Irving Law Firm’s knowledgeable attorneys are here to guide you through the procedures and address your inquiries.

If you and your partner approved a prenuptial agreement, it might help streamline the division of assets and alimony conditions. A prenuptial agreement may recognize custody of the children. 

Still, the judge in family court may not implement a prenup agreement if they determine it is no longer appropriate in the situations that have been disclosed to the court.

The court can initiate divorce proceedings relatively quickly. Nevertheless, pausing and considering why you are in such a hurry is worthwhile. Although you might have wished to be independent of your spouse physically and psychologically immediately, divorce is a judgment call you must think thoroughly through.

Summary

Virginia has no lawful grace period before a court of law will grant your completed divorce decree. The length of one’s divorce will vary according to their particular case.

When you request an uncontested divorce in Virginia, you should be successful in getting your final divorce decree shortly after submitting all of the necessary documentation. If you have a contested divorce, you must comply with many judicial phases, which can go on for months.

And if you and your spouse cannot come to an understanding at a certain point during the process, attending court will take even longer. Divorce can be challenging, but a suitable lawyer can guide you. The Irving Law Firm can help you navigate the process and support you through this stressful period.

The Irving Law Firm’s attorneys are highly experienced and skilled litigators in family law and divorce cases. The firm’s legal team is here to assist you in determining which course of action is ideal for you.

The firm aims to assist you in accomplishing the optimal result of your conditions. You can trust that your legal counsel can help you in the custody of your children and marital assets and lower your financial responsibility for any outstanding balances you have as a couple. Contact The Irving Law Firm today!

Also Read This: How Is Child Custody Decided In A Divorce In Virginia?