The divorce process can be intimidating, even under the best of circumstances. The legal separation requirement imposed by Virginia law, in particular, often incites anxiety in individuals preparing for a parting of ways with their spouses. “How long does a divorce take in Virginia” is consequently a very common question received by divorce attorneys in this state. The answer to the question, however, is rarely simple, in large part because the duration of Virginia divorce proceedings can be affected by several distinct factors, each of which can have an independent effect on the total timeline for divorce in Virginia. Reviewing your situation with an experienced Virginia family law attorney may help you to identify the factors most likely to affect your own answer to “How long does a divorce take in Virginia?” Call DiPietro Law Group today at (866) 607-3461 to schedule a conversation with a Virginia divorce lawyer in Fairfax.
Virginia’s Separation Requirement: What You Need To Know
One way to measure an answer to “How long does a divorce take in Virginia?” is to count from the date of the formal separation. If you anticipate that your separation is likely to end in a divorce – and in some cases even if you do not – it may make sense at this stage to speak with a family law attorney Virginia spouses have worked with to draft written separation agreements.
How Children Impact the Divorce Timeline in Virginia
If you and your spouse achieve such an agreement and have no children together, then you may be able to file a Complaint for Divorce on Ground of Six-Month Separation as soon as six months after the legally documented start date of your separation. Many couples, however, do have children together, and some couples (with or without children) are unable to come to an agreement regarding key matters such as the division of marital property. If either of these circumstances applies in your situation, then you will not be considered eligible to file for divorce in Virginia until at least one year after your separation has begun.
No-Fault Divorce: Virginia Waiting Periods and Legal Separations
Virginia law allows for both fault-based and no-fault divorces. No-fault divorces require a mandatory waiting period. The minimum length of the legal separation Virginia divorce requires for no-fault divorce cases can be either six months or one year, depending on whether the spouses have any children together (biological or adopted) and whether they have a written separation agreement in place. Without children, and if the spouses have a written separation agreement, then the parties may file for divorce at the conclusion of six months from the date of their initial separation under V.A. Code § 20-91(A)(9)(a). Couples who have children will, again, need to wait one full year from the time their separation begins before they can file for divorce. The Circuit Court of Fairfax County emphasizes that filing for a no-fault divorce prematurely, before your situation meets the statutory legal separation requirement, can be expensive, due to the non-refundable filing fees.
Fault-Based Grounds for Divorce in Virginia
Paragraphs 1-7 of V.A. Code § 20-91(A) establish legal grounds for divorces based on “fault” – allegations of misconduct by either spouse. The fault-based grounds for divorce acknowledged in the Code of Virginia include:
- Extramarital sexual activity
- The “confinement” of either spouse, for at least a year, as part of that spouse’s sentence for a felony conviction (only applicable if the sentence is handed down after the beginning of the marriage)
- Cruelty or threats of violence (defined as “reasonable apprehension” of one party causing “bodily hurt” to the other), or “willful” desertion or abandonment for a period of at least one full year
Although cruelty and abandonment are listed under the same paragraph – V.A. Code § 20-91(A)(6) – it is worth noting that abandonment (or “desertion”), like confinement in a jail or prison, will require the same one-year waiting period that the mandatory legal separation imposes on divorce with children Virginia timelines. The discovery of an extramarital affair, or the emergence of abusive behavior that meets Virginia’s “reasonable apprehension” standard, allow the spouse alleging fault to file immediately. Prior to filing for a Virginia divorce on any of these fault-based grounds, however, you may wish to consult with an attorney to discuss the evidence you have, and the evidence you will need, to prove your case in court.
Uncontested Divorce in Virginia: How Fast Can It Be Finalized?
In Virginia, a divorce may be uncontested only if all of the following are true:
- Neither party plans to present any evidence regarding the causes of the marital breakdown.
- There is no allegation of “fault” on either side (only no-fault divorces can be uncontested in Virginia).
- The parties have reached a written agreement that covers the division of marital property and spousal support if any is requested; if there are any children, this agreement must also encompass child support and the custody arrangements for each child.
An uncontested divorce is generally one of the more efficient paths to a fast divorce in Virginia, but the degree of difference between the contested vs. uncontested Virginia divorce timeline can vary, depending on several factors. Consider speaking with a Fairfax divorce lawyer at DiPietro Law Group to discuss your personal situation.
Contested Divorce: What Slows the Process Down?
Often in uncontested divorces the need for a “service of process” delay can be avoided, because the Defendant in an uncontested case often signs and files a Waiver of Service of Process. Waiving the service of process itself saves only a relatively small amount of time, but because an uncontested divorce is accompanied by a written settlement agreement, Virginia divorce timeline for uncontested divorces will also typically eliminate the 21 days a Defendant otherwise has to file an answer to the divorce complaint.
Filing an Answer to the Divorce Complaint
The Defendant in a contested divorce may also waive his or her right to service of process, or may waive such service by filing an answer to the complaint. When the service of process is not waived, however, some defendants may take only a few days to file their answer to the complaint, whereas others may take up to the full 21 days allowed by Virginia law. The element of individual choice here is a small example of why it can be difficult to give a single, satisfactory answer to “How long does a divorce take in Virginia?”
Contested Divorce Duration: Virginia Divorce Trials
Almost any issue that is contested can become a cause of delays during the proceedings for a contested divorce in Virginia. This is not only because contested matters will require hearings, but because each party generally has a set period of time (often the same 21 days that follow service of process) to respond to any motion filed by the other. The more motions and hearings are required, the more time a Virginia divorce trial is likely to take. A high-conflict spouse may even stall the proceedings deliberately, often by providing tardy or unresponsive answers to interrogatories from the other party during the discovery process (the phase of civil proceedings intended to enable each party to request information from the other in order to establish key facts that may be important to the case). A Virginia family law attorney may be in a position to give you more detailed guidance tailored to your situation.
Why Working With an Experienced Virginia Divorce Lawyer Matters
Often spouses are easily able to see why they might benefit from working with an experienced Virginia family law attorney in a contested divorce case. The advantages of working with professional legal representation in an uncontested divorce may be less obvious, but they can often have long-term repercussions. Drafting your own divorce agreement, to be filed with your local Circuit Court once a case number has been assigned, may seem efficient, but a lack of legal expertise often leaves pro se (representing themselves) spouses struggling to anticipate the range of possible outcomes from terms written into their agreements. Even when neither spouse is attempting to defraud or deceive the other, drafting an agreement that accurately reflects the intentions of both parties and that is worded with sufficient precision and specificity to be legally enforceable in case of a future conflict can be challenging. For all of these reasons, the Virginia State Bar Association reminds divorcing spouses that a family law attorney can often be an asset to individuals navigating the Virginia divorce process.
Schedule a Consultation
If you are approaching divorce in Fairfax County or its surrounding environs, you have likely wondered: “How long does a divorce take in Virginia?” The answer to this question can depend on many different factors. Consider speaking with an experienced family law attorney to assess the variables present in your particular case and get a customized estimate based on your individual circumstances. Call DiPietro Law Group today at (866) 607-3461 to speak with a member of our Fairfax team.
