You might be standing in line for coffee at a Norfolk farmers’ market or sitting at your kitchen table when you realize your marriage is over and you need to know what comes next. Divorce in Virginia is a legal process. But for you, it’s also personal, emotional, and filled with questions.
One of the first questions people ask is, How long does it take to get a divorce in Virginia? The timeline depends on several factors. Below, we break down the complete Virginia divorce process, step by step, and explain what affects the timeline.
The Virginia Divorce Process, Step by Step
In Virginia, divorce proceedings can be either contested or uncontested. The specific type of divorce chosen and other situational details will significantly influence the timeline.
Step 1: Establish Grounds for Divorce
Virginia law recognizes two types of divorce: divorce from bed and board (legal separation) and divorce from the bond of matrimony (absolute divorce). Most individuals seek an absolute divorce, which legally ends the marriage and allows both parties to remarry.
To obtain an absolute divorce in Virginia, you must establish legal grounds, which include:
- Mutual separation without cohabitation for a required period (no fault),
- Adultery,
- Cruelty or a well-founded fear of bodily harm, and
- Willful desertion or abandonment.
Mutual separation is most often used in uncontested, no-fault cases. If you pursue a no-fault divorce based on separation, Virginia law requires you to live separately and without cohabitation for at least one year before you file for divorce. However, if you have a signed, written separation agreement and have no children, you can get divorced after six months of living apart.
If you file on fault-based grounds such as adultery, Virginia law does not require a separation period before filing, though proving such claims can lengthen the overall process. These separation timelines are mandatory and must be satisfied before filing for divorce.
Step 2: File the Complaint for Divorce
Once the separation period ends, one spouse (the plaintiff) files a Complaint for Divorce in the Circuit Court of the city or county where either spouse resides. The other spouse (the defendant) is then formally served with the paperwork.
- If your spouse does not contest the divorce, they can waive service and agree to proceed.
- If they contest, the process requires additional court involvement and often takes longer to resolve.
Filing can happen immediately after the separation period. Service of process typically takes up to two weeks, depending on the method used.
Step 3: Response and Discovery (If Contested)
During a contested divorce, the legal process moves into the discovery phase. Both parties exchange detailed financial information, asset details, and other relevant facts in this stage. This may involve:
- Interrogatories (written questions),
- Document requests,
- Depositions, and
- Property valuations or expert assessments.
This phase typically spans three to six months but can be longer, especially in high-conflict or high-asset divorce cases. During this period, the court can issue temporary orders concerning custody, visitation, and financial support.
Step 4: Settlement or Trial
Most divorces end in settlement. If both parties can agree on issues like custody, property division, and support, they can sign a settlement agreement and present it to the court.
If no agreement is reached, the case goes to trial. Trial dates depend on court availability and may be set several months in advance.
- Uncontested divorce. Final hearing may be scheduled between four and eight weeks after filing the required documents.
- Contested divorce. Depending on complexity and court backlog, the trial may not occur for 6–12 months after the initial filing.
For high-asset divorces, the settlement process can be more complex and time-consuming due to the significant assets involved.
How Long Does It Take to Get a Divorce If Both Parties Agree?
If you and your spouse agree on all terms and satisfy the mandatory waiting period, you may qualify for an uncontested divorce, which is usually much faster than contested cases.
- With no minor children. As soon as the six-month separation is over and documents are filed, the final divorce may be granted within 6–10 weeks.
- With minor children. The process starts after a 12-month separation, but once filed, an uncontested case may still be resolved in two to three months.
Each Virginia locality has its own filing rules and processing time. Some counties even allow uncontested divorces to be finalized without a hearing, through an affidavit or deposition process.
Factors That Affect the Divorce Timeline
While the legal process has set stages, some aspects are within your control, while others are not. Here are the key elements that influence how long it takes to finalize your divorce:
- Grounds. Fault grounds are more difficult to prove than mutual separation and may draw out the process even though you can file sooner.
- Type of divorce. Contested cases almost always take longer.
- Whether children are involved. Custody and support issues extend timelines, and you may also have to wait longer to file.
- Willingness to cooperate. The more both parties agree, the faster it goes.
- Court backlog. Some courts are busier than others.
- Completeness of your documentation. Missing paperwork causes delays.
- Property division issues. Complex assets may require appraisals or mediation.
While some delays are unavoidable, staying proactive and prepared can prevent unnecessary slowdowns.
Real Support That Respects Your Time and Needs
At Tavss Fletcher, we know that divorce is a deeply personal transition. With nearly 50 years of local service and a collaborative, award-winning legal team, we are committed to giving honest answers, communicating consistently, and respecting our clients’ time and goals. We offer flexible meetings (in-person, virtual, or even at your home), ensuring a smooth and efficient divorce process.
Whether your divorce is amicable or contested, we are here to guide you through the process with dignity, strategy, and care. Let’s talk about your options.
FAQs
Can I Speed Up the Divorce Process in Virginia?
You can only speed up the divorce process in Virginia to a certain extent. You cannot waive the separation period, but you can avoid delays by agreeing on terms early, submitting all paperwork correctly, and choosing uncontested procedures when possible.
Do I Need to Attend a Hearing for an Uncontested Divorce?
Not always. Some courts allow uncontested divorces to be finalized via affidavits or written testimony. It depends on your local court’s rules.
Can I File for Divorce Before the Separation Period Ends?
Virginia requires that you meet the separation period before filing for a no-fault divorce. While fault-based divorces can be filed sooner, they are typically harder to prove and require more time.
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