When you’re considering or preparing for divorce in Virginia, one of the most common and urgent questions is: how long does it take? The answer depends on several variables, including whether the divorce is contested or uncontested, whether you have minor children, and how long you and your spouse have been separated.
Separation Requirements in Virginia
Virginia law requires that spouses live “separate and apart” for a period of time before filing for a no-fault divorce. Specifically:
– If there are no minor children and the spouses have signed a written separation agreement, the required separation period is 6 months.
– If the couple has minor children or no written agreement, the required separation period is 12 months.
Importantly, “separate and apart” doesn’t necessarily require living in different residences. It can occur under the same roof, but there must be no romantic relationship, shared meals, or joint finances—essentially, living as roommates.
Uncontested Divorce Timeline
During your separation period, you can finalize and execute your separation agreement rather than simply waiting until the separation period ends. Then, after the separation period ends, an uncontested divorce can proceed in the court. If both spouses agree on all issues (property division, child custody, support, etc.), the divorce can be finalized through written affidavits or a deposition without a court appearance. From filing to final decree, this can take as little as 6 to 10 weeks, depending on the speed of your local court.
Contested Divorce Timeline
Contested divorces take significantly longer. If you and your spouse cannot agree on custody, support, or division of property, the case may require multiple hearings, discovery (exchange of financial and other evidence), and trial preparation. These cases often take 9 to 12 months from the date of filing—or longer if the case is especially complex.
Factors That Can Delay Divorce
– Disputes over child custody or support
– Business valuations or hidden assets
– Court scheduling backlog
– Lack of cooperation by one party
Uncontested divorces can move quickly if the spouses meet separation requirements and agree on all terms. Contested divorces can take much longer, but careful planning and expert legal guidance can help streamline the process.
If you have questions about your family law matter or want guidance tailored to your situation, contact the experienced attorneys at NOVA Legal Professionals. We serve clients across Northern Virginia with compassionate and strategic legal support. Call us today to schedule a consultation and learn how we can help protect your rights and your future.