Divorce is a complicated process with many moving parts between the initial filing and finalization that are constantly juggled —which is why the process takes so long and why most people hire an attorney that specializes in divorce and family law.
In Virginia, an uncontested divorce is the simplest type of divorce and typically takes two to three months to complete. A contested divorce, on the other hand, can take up to eighteen months for a variety of reasons.
Divorce attorney specialization is paramount when navigating the complexities of divorce proceedings. An attorney who specializes in divorce and family law possesses the necessary expertise and experience to guide clients through every step of the process.
With in-depth knowledge of Virginia’s divorce laws and court procedures, a specialized attorney can offer tailored legal strategies to address each client’s unique needs and goals. From negotiating favorable settlement terms to advocating in court, a specialized divorce attorney is equipped to handle all aspects of divorce proceedings with skill and precision.
By entrusting their case to a seasoned professional with a focus on divorce law, individuals can navigate the challenges of divorce with confidence and peace of mind, knowing they have a dedicated advocate fighting for their rights and best interests.
Court Workload
Divorce is managed through the courts and it’s not the only matter they handle.
In Virginia, the circuit court hears divorce matters as well as felony cases, appeals arising from the general district court, and cases from the juvenile and domestic relations district court.
The circuit court has an immense workload overseeing criminal, civil, family law and jury service matters. For a divorce to be heard before the court, or even resolved via paperwork-only submission, the matter must get in line behind all the other pending cases. The larger the workload of the court at that particular time, the longer it takes for the divorce to be heard.
Complications In Divorce Proceedings
The simpler the divorce, the faster it is resolved. This is particularly true in the case of an uncontested divorce where both spouses agree not only to the divorce itself, but also to the terms. Disagreements about alimony, child support, and custody arrangements can result in a divorce dragging on and taking much longer to finalize.
If one party does not agree to a divorce, this lengthens the proceedings even more because both parties need to be represented and their opposing views heard. The spouse seeking the divorce is required to provide grounds to the court supporting dissolution of the marriage. This can require evidence, testimony, and in some cases, cross examination—all of which takes time.
Both parties have the right to be heard in court. They also have the right to dispute what the other spouse is alleging if they believe it to be untrue. Delays in court proceedings are necessary to ensure the fairest possible outcome for all involved.
Incomplete Or Inaccurate Paperwork
Some delays in the divorce process just cannot be avoided, But ensuring all paperwork is correct and complete is one aspect of a divorce you can control. Planning for a divorce and knowing what do divorce papers look like can help too.
A divorce filing needs to be in writing, and all forms need to be filled out truthfully. The court may also request additional documentation. Failure to provide this will cause further delays in a divorce being resolved.
Establishing Grounds For Divorce
One of the most important factors the court will scrutinize is if there are sufficient grounds for the divorce. In uncontested divorces, the parties must separate and not reside together for at least one year prior to filing for divorce. If there are no children involved, and there is proof that rights to jointly owned property were resolved, the parties need to separate for at least six months. Living separately is needed to demonstrate sufficient grounds for divorce to the court. If a couple continues to cohabitate, it will delay the divorce process.
For contested divorces, one spouse must produce evidence that the other committed a relevant fault under Virginia law. These faults include adultery, abandonment, or cruelty. Gathering this kind of evidence can take time. For example, the accusing party may need to hire a private investigator to collect enough evidence to prove adultery when a spouse doesn’t admit to having an affair.
Be Prepared And Reasonable
While most people wish for a quick resolution, it’s important to maintain realistic expectations about how long a divorce can take. Understanding the process and timelines, and reasons for delays in the proceedings, can help a person involved in a divorce plan accordingly.