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How long does it take to get a no-fault divorce in Virginia?

On Behalf of | Jan 12, 2024 | Divorce & Family Law

When going through a divorce, it’s natural to want to know how long it will take. In Virginia, the length of the divorce process depends on several factors. The duration is often influenced by how quickly both parties can agree on the issues at stake, how efficiently the court processes the paperwork, and individual circumstances and complexities.

It’s important to understand that every divorce is unique. So, the timelines can vary.

Divorcing with or without minor children

In Virginia, your timeline to file for a no-fault divorce largely depends on your family situation. If you and your spouse don’t have minor children and agree on all matters, the state requires you to live separately and without cohabitation for at least six months before filing.

However, it’s a different story if you have minor children. In this case, state law mandates that you and your spouse live separately and without cohabitation for at least one year before you can file for a no-fault divorce.

Other factors that affect the process

While the timeline ranges from six to 12 months, several factors influence the length of the actual divorce process. One major factor is how quickly the spouses can agree on issues like property division and spousal support. If you and your spouse can quickly decide on these matters, the divorce process can be completed in a shorter time frame. However, if there are disagreements over issues like property division, the process can take longer.

Another factor is the court’s schedule. Court dockets can be full or busy, so it might take time to get a court date. Once the court receives the divorce paperwork, processing the documents and issuing the final divorce decree can take several weeks or even months.

Overseeing legal proceedings

Divorce can be a complicated process. Sometimes, just when you think things are going smoothly, you might run into unexpected legal challenges that you aren’t sure how to address. In these moments, you should consider seeking a legal professional. They can assist with your divorce, helping you navigate the legal aspects of it.