Virginia has one of the highest divorce rates in the country, with around 2.9 divorces per 1,000 population, according to the CDC. Going through a divorce can be an overwhelming experience, especially when you’re unsure of what to expect.
Understanding the divorce timeline can help reduce uncertainty and stress as you navigate this challenging process. At Kearney, Freeman, Fogarty & Joshi, PLLC, we have over 30 years of experience guiding clients through every step of their divorce cases in Northern Virginia.
In this blog post, we’ll break down the typical divorce timeline, from filing for divorce to finalizing your case, and provide insights on what to expect along the way. Let’s get started with a look at the different divorce steps.
The Divorce Process in Virginia
The divorce process in Virginia involves specific rules and requirements that are important to know before proceeding. Virginia permits both fault-based and no-fault divorces.
A no-fault divorce can be filed after a one-year separation, or just six months if there are no minor children and both parties agree on the property division. A fault-based divorce, however, may be filed due to reasons like:
- Adultery
- Cruelty
- Abandonment
Virginia also requires that at least one spouse has lived in the state for six months prior to filing for divorce. While Virginia doesn’t recognize legal separation, you can file for a limited divorce, which allows temporary orders for matters like child custody and spousal support.
Working with an experienced attorney ensures you follow the proper procedures and timelines, helping you navigate the complexities of the process.
Filing for Divorce
Filing for divorce in Virginia begins with submitting a petition to the court. The petitioner (the spouse initiating the divorce) must file a complaint with the local circuit court in the county where either spouse resides. The petition outlines the grounds for divorce, such as no-fault separation or fault-based reasons like adultery or cruelty.
If you are filing for a no-fault divorce, you will need to prove that you have been separated for the required period-one year, or six months if there are no minor children and both parties agree on key issues like property division.
After filing, the other spouse (the respondent) must be served with the divorce papers. They have 21 days to respond. If both spouses agree on the terms, the process can be quicker.
However, if there is disagreement, the divorce may take longer to resolve, especially if litigation or mediation is required.
Temporary Orders (If Applicable)
Temporary orders may be necessary during the divorce process, especially if there are urgent issues that need to be addressed before the final divorce decree. Here in Virginia, either spouse can request temporary orders from the court for matters like child custody, child support, spousal support, and property division while the divorce is pending. These orders provide temporary relief and stability during what can be an uncertain period.
To request temporary orders, the spouse must file a motion with the court. A judge will then schedule a hearing to review the motion and decide on the necessary temporary arrangements. These orders are not final but are designed to ensure that both parties and any children involved are supported until the divorce is finalized.
Discovery and Negotiation
Discovery and negotiation are key steps in the divorce process, allowing both parties to gather information and work toward a fair settlement. During discovery, each spouse exchanges financial documents, such as income statements, tax returns, and property records. This helps both sides understand the full scope of:
- Assets
- Debts
- Income
Negotiation follows, where both spouses and their attorneys discuss and attempt to resolve issues like property division, child custody, and support. If both parties reach an agreement, they can submit it to the court for approval. If not, the case may proceed to litigation or mediation to resolve disputes.
Mediation and Settlement Discussions
Mediation and settlement discussions are also often used to resolve divorce disputes without going to trial. In mediation, a neutral third-party mediator helps both spouses discuss their issues and find common ground on matters like:
- Property division
- Child custody
- Support
Mediation is typically less costly and time-consuming than litigation, and it encourages both parties to work together toward a mutually agreeable solution. If the mediation results in a settlement, the terms are written into a formal agreement and submitted to the court for approval. However, if mediation doesn’t lead to a resolution, the case may move to trial, where a judge will make the final decisions.
Trial (If Necessary)
Now, if mediation and settlement discussions fail, the case may proceed to trial. During a divorce trial, both spouses present evidence, call witnesses, and make arguments to the judge. This is often a lengthy and costly process, as the judge will make final decisions on issues like property division, spousal support, and child custody.
At trial, each party’s attorney advocates for their client’s interests, and the judge considers the evidence to issue a ruling based on Virginia law. While a trial provides a resolution, it’s usually the last resort due to the emotional and financial toll it can take on both parties.
Finalizing the Divorce
Finally, once all issues are resolved, either through negotiation, mediation, or trial, the divorce can be finalized. The court will issue a final divorce decree, outlining the terms of the settlement.
Both spouses must adhere to the court’s orders. After the decree is signed by the judge, the divorce is legally complete, and both parties are free to move forward with their lives.
Divorce Timeline: What to Expect During the Process
In summary, navigating a divorce can be a challenging and emotional experience, but knowing the divorce timeline and working with an experienced attorney can make the process smoother. On average, a divorce in Virginia can take anywhere from a few months to over a year, depending on factors like the complexity of the case and whether both parties can reach an agreement.
Having a clear divorce strategy is essential to ensuring the best possible outcome, whether through negotiation, mediation, or litigation. At KFFJ Law, we are dedicated to helping clients through every step of the divorce process, protecting their rights, and working toward a resolution that meets their goals. Contact us for a free consultation.
