How Long Does It Take To Get To Virginia
We've all heard horror stories about divorce cases that drag on for years and end upwardly costing a fortune.
Nevertheless, in Virginia, depending on how yous file your case, yous can cease your divorce in much less fourth dimension.
In this article, nosotros'll talk about the different types of divorce in Virginia, and give a rough judge for how long each one takes.
Contents:
Uncontested No-Fault Divorce Timeline
Let's start with what is, for most people, the well-nigh common way to get a divorce in Virginia: an uncontested no-fault divorce.
This blazon of divorce has two distinct elements:
- Uncontested — You and your spouse concur on every element of your divorce, including both the terms of your divorce (i.e. how yous'll divide your property) and the grounds for your divorce (the "no-fault" distinction below).
- No-Error — Y'all and your spouse agree to file for divorce based on a period of separation rather than any specific error such equally infidelity.
The reason that this is the most mutual type of divorce is that it'southward as well usually the easiest way to get divorced in Virginia.
By filing for an uncontested divorce, you lot and your spouse don't have to waste fourth dimension and resources arguing out the terms of your divorce in front of a gauge.
This tin can be done informally by mutual understanding or formally through drafting and signing a property settlement agreement.
Similarly, past filing for a "no-fault" divorce there'due south no demand to prove any specific reason for your divorce.
Instead, all you take to do is alive divide and apart from your spouse for one twelvemonth.
Further, if you lot accept no children, and accept completed a property settlement understanding, you lot just have to alive apart for half dozen months before filing for divorce.
How to file for an uncontested no-fault divorce
As mentioned above, filing for this type of divorce can exist quite piece of cake. In fact, the actual "divorce" process can take every bit little as a few weeks.
Basically, after waiting out the separation period mentioned in a higher place (either vi months or a year), y'all must file the necessary paperwork with the proper court.
You should contact an attorney to notice out exactly what paperwork yous should submit and where you should submit it.
The court will by and large procedure your divorce petition inside three months of the engagement yous file your divorce petition.
Once the judge signs your divorce, information technology will get into effect immediately, and your divorce process volition end.
In this mode, the uncontested divorce process will take roughly seven to fifteen months to complete in full.
If you lot and your spouse already come across the separation requirement, information technology will instead take between 1 and 3 months.
Contested No-Fault Divorce Timeline
The procedure described above hinges on you and your spouse beingness able to come to an understanding on all terms of your divorce.
If you or your spouse disagrees on any significant element of your divorce, your divorce volition instead become "contested."
In a contested divorce, you and your spouse will appear earlier a guess or mediator to work out the contested element of your divorce.
For example, if you agree on every element of your divorce except for how you'll split your avails, you may have to accept a judge divide them for you.
As you tin imagine, this tin can be an incredibly time-consuming procedure.
To initiate this blazon of divorce, you must offset fulfill the aforementioned six to twelve-month separation requirement discussed to a higher place before you tin can even file for a divorce.
Then, you lot'll have to undergo the nine-step Virginia contested divorce procedure.
Ultimately, the length of this process will depend on how committed you are to fighting out your issues in court.
If you go through the entire process, you should expect it to take at least a year. Withal, it'south as well mutual for contested divorces to last multiple years depending on the circumstances.
Error-Based Divorces in Virginia
From a legal perspective, mistake-based divorces raise several complications which can lengthen your overall divorce procedure.
As noted above, a fault-based divorce occurs when 1 party alleges that the other is "at fault" for the divorce due to one of the post-obit grounds:
- Adultery
- Non-consensual abandonment or neglect
- Cruelty (generally multiple instances of concrete abuse)
- Conviction of a felony that leads to more one year of imprisonment
In a error-based divorce, you must bear witness that your spouse was responsible for ane or more than of the above acts.
You will also have to show that this activity was the primary reason for the divorce.
One notable aspect of filing for a fault-based divorce is that you may be able to file more quickly than a no-fault divorce.
This is considering the "grounds" for your divorce is the actual fault itself, and not the six-month to i-yr period of separation.
If you are basing your divorce on a felony confidence or an case of adultery, you may instead exist eligible for an immediate absolute divorce.
However, if you are filing for divorce based on abandonment or cruelty, the one year of separation is still required to finalize the divorce.
In either scenario, yet, you must prove the accusation in court earlier proceeding.
While it's easy to prove a felony conviction (as the courtroom volition have a tape of the case), information technology can be difficult to testify adultery or cruelty in court.
For this reason, it's not uncommon for couples filing for a mistake-based divorce to amend their instance to a no-fault divorce after reaching the six-month to 1-twelvemonth menstruation of separation requirement noted above.
Bed and Board Divorce
If you are filing for a fault-based divorce on grounds of cruelty or abandonment, you may exist eligible for a bed and lath divorce.
This is finer a "legal separation" where you and your spouse get through many of the processes of accented divorce, but remain legally married.
The biggest benefit of a bed and board divorce is that it separates yous and your spouse's holding immediately.
Information technology as well allows you to begin dealing with issues surrounding child custody, dividing your shared assets, and the like without having to wait out the mandatory period of separation.
At the cease of a twelvemonth-long separation menses mentioned above, yous and your spouse may petition the court for an absolute divorce, and then long as you have non reconciled in that time.
Conclusion
Ultimately, your best bet for avoiding a long, expensive divorce is to go in touch with a practiced Virginia family lawyer as early on as possible.
An experienced Virginia family unit attorney can walk you through the divorce procedure, and predict what issues y'all are likely to run into.
Farther, they tin help advise you on the type of divorce virtually applicative to your specific situation.
Source: https://tingen.law/2019/virginia-divorce-timeline/36157/
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