In Virginia, the quickest way to get a divorce is through an uncontested divorce. To qualify for an uncontested divorce, you and your spouse must have lived apart for at least six months or one year. You must also meet three basic requirements:
- State residency
- Agreement on the reason for your divorce
- Agreement on the issues in your case
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Understanding Requirements and Waiting Periods that Slow a Virginia Divorce
- Virginia Divorce Residency Requirement
For a Virginia court to hear a divorce case, one or both spouses must have lived in Virginia for at least six months. This requirement applies to everyone, including service members detailed to units with a home base or home port in Virginia. If you just moved to Virginia, you must wait at least six months before filing for divorce.
- Virginia Divorce Waiting Period
Most cases require a one-year waiting period before the judge can finalize the divorce. But in some cases, petitioners can allege that there are grounds to allow divorce with only a six-month or no waiting period. Examples include:
- Adultery — no waiting period
- Conviction of a felony with a sentence of more than one year — no waiting period
- Living separately without kids — six months
- Living separately with kids — one year
- Cruelty, abandonment, desertion, or domestic assault — one year
If your grounds do not fall into one of the categories where the waiting period is waived, expect your Virginia divorce to take at least six months to one year, depending because your cite.
These periods set the minimum time to get a divorce in Virginia. A divorce could take substantially longer due to court scheduling and litigation delays.
The good news is you have strategy options to shorten your divorce as much as possible.
How to Speed Up a Virginia Divorce
Allege the Right Grounds Under Virginia Law.
Review the available grounds for divorce in Virginia and pick the one with the shortest waiting period that applies in your case. If you allege a reason not allowed under Virginia law, a judge will delay your divorce until you amend your petition. If you allege a reason for a more extended waiting period, the judge cannot grant the divorce until the waiting period is complete.
File an Uncontested Divorce in Virginia.
An uncontested divorce is possible if you and your spouse have settled all the issues in the divorce. When you file a settlement agreement, the judge only needs to ensure the settlement complies with Virginia law. The judge does not need to adjudicate any of the issues. By not litigating the divorce, you will speed up the divorce considerably.
The issues you will need to settle in an uncontested divorce include:
An uncontested divorce will not bypass the waiting periods. However, suppose you don’t have any children from the marriage and have correctly executed a separation agreement. In that case, filing for an uncontested divorce is possible after waiting for only six months.
Using an Online Divorce Service Can Speed Up a Virginia Divorce
A reputable divorce service like DiPietro Law Group can also help speed up your divorce and save you thousands of dollars. Rather than waiting for your paperwork to be completed, DiPietro Law Group simplifies the process by guiding you through fundamental questions about yourself, your family, and how you plan to divorce. Once you complete the information, you will have all the documents required to file in court and complete your divorce in Virginia.
Choose DiPietro Law Group Today
An uncontested divorce can be a low-cost and low-stress process that may take just a few months to complete. Contact DiPietro Law Group to learn how to file an uncontested divorce in Virginia and experience the fastest resolution of your divorce case.