How Long Does Divorce Actually Take in Virginia?
Divorce does not happen the moment you decide it is over. What type of divorce you have and how you and your spouse handle it determines everything about how long it takes.
Attorney Shameka L. Rhoades of Trustice Law Group explains what the divorce timeline actually looks like in Virginia, what commonly makes it longer than people expect, and what happens when one spouse becomes uncooperative. In this segment from ABC News Showcase, Shameka covers:
- The difference between a divorce where parties agree and one where they do not
- How long each type of divorce typically takes in Virginia
- What commonly extends a divorce timeline
- How children affect the process and the timeline
- What happens when one spouse becomes uncooperative
Watch the full segment below:
When Both Parties Agree Versus When They Do Not
When both spouses agree on everything, property, finances, and custody and visitation if children are involved, the divorce is a matter of presenting paperwork to the court. Once filed, it typically takes 60 to 90 days for the final order to be signed.
When the parties disagree on even one issue, the case requires a court to resolve it. Depending on the level of conflict, that process can take anywhere from a year to several years.
What Makes a Divorce Take Longer
Common reasons include parties changing their minds about agreements already reached, custody and visitation disputes, property requiring formal valuation, business interests requiring expert evaluation, and emotions taking over when one spouse becomes uncooperative.
The Separation Requirement in Virginia
Virginia currently requires a separation period before a divorce can be finalized. The standard waiting period is 12 months if minor children are involved, or six months if the parties have signed a property settlement agreement and there are no minor children. Confirm current requirements with an attorney.
How Children Affect the Timeline
Custody and visitation adds layers of complexity. Some parents file in juvenile court first to establish custody and visitation before beginning the divorce process, which can push the timeline back. When custody and visitation is handled within the divorce itself, it can extend the case if the parties cannot agree.
What Happens When One Spouse Becomes Uncooperative
When cooperation breaks down, every issue that cannot be resolved between the parties becomes an issue the court must resolve. That means more hearings, more attorney time, and more cost.
Trustice Law Group: Virginia Divorce Attorneys Who Help You Move Forward
At Trustice Law Group, we help clients across Virginia navigate divorce at every stage, whether that means reaching an agreement quickly or representing your interests in a contested proceeding. We are a female-owned Virginia family law firm.
Real Law. Real Talk. Real Options.
Request a consultation or call us at 804-593-0788.
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FAQs
How long does divorce take in Virginia when both parties agree?
Once the paperwork is filed after the separation requirement is met, it typically takes 60 to 90 days for the final order to be signed.
What is the separation requirement for divorce in Virginia?
Currently 12 months if minor children are involved, or six months if the parties have signed a property settlement agreement with no minor children. Confirm current requirements with an attorney.
What can I do to keep my divorce from dragging on?
Get legal representation early, organize your financial information, approach agreements with realistic expectations, and keep communication professional.