Once you have decided that you need to get a divorce, you want it done now. You do not want any delays or confrontation, you just want your divorce finalized.
Today, about half of all marriages end in divorce, so it is not uncommon for you to face similar concerns. Finalizing a divorce in Virginia does not happen overnight, but it also does not have to take years. Most will finalize in a few months. The most important thing is to set the right expectations by gaining a full understanding of what comes next.
This guide will walk you through the basics of finalizing a divorce, including how disputes impact the proceedings and what you can do to make it as smooth as possible.
Reduce Time by Resolving Major Disputes with Your Spouse
One of the fastest ways to ensure a divorce will take a long time is if spouses agree on almost nothing. The longer a couple is married, the more stuff they accumulate. Many couples of decades-long marriages have to decide how to split:
- Houses
- Cars
- Family heirlooms
- Jewelry
- Electronics
- Artwork
- And more
In marriages where there are minor children, child custody and support can also become contentious. Spousal support is another area of concern for many divorcing couples. All of these disputes lead to what is called a “contested divorce.” Here’s what you need to know:
- Contested divorces often take years to finalize.
- That amount of time is required because of the time it takes to settle the disputes between the spouses.
- Figuring out who gets the marital home, other assets, and time sharing with any minor children takes time to decide.
Without these major disputes, however, you can go through an “uncontested divorce.” This is much like it sounds, where the parties agree on all major items and most — if not all — small ones. Going this route requires a marital settlement agreement that lays out who gets what. That document is then presented to a judge who signs off on the divorce. This process can take as little as a few weeks.
How Complicated Are The Issues In Your Divorce?
Determining how long it takes to get a divorce includes an analysis of how complicated your divorce issues are with your spouse. Keep these facts in mind:
- If you and your spouse have acquired many assets over the course of your marriage, it can make splitting up challenging.
- If you or your spouse own a business, that too presents challenges for distribution of marital assets.
- If you and your spouse have been living apart for months or years, it may be difficult to resolve issues because you do not know where your spouse is.
- In some emotional separations, spouses refuse to speak to each other. That, too, complicates the divorce proceedings.
All these issues require additional time to resolve. While you may want your divorce to be over with quickly, your individual situation may dictate whether that is possible. Working with a knowledgeable divorce lawyer in Virginia means you can get a better understanding of how your situation may affect the time it takes to finalize your divorce.
The Required Waiting Period for Divorce in Virginia
Some states have requirements you must meet prior to getting a divorce. Virginia has a waiting period for no-fault divorces in which the parties simply do not want to be married any longer:
- If there are no minor children involved in the marriage, the spouses must live separate and apart for six months.
- If there are minor children to the marriage, then the spouses must live separate and apart for one year.
This waiting period exists to give the couple time to make sure that divorce is what they want. Living separate and apart from one another — even though you are still married — mimics what life might be like when you are divorced. If you find you do not like living apart, then you are still married and easily able to reconcile. If you get a divorce and then later realize that you want to get back together, that becomes a time-consuming and expensive legal process.
How To Minimize The Time To Finalize Your Divorce
Once you have decided on divorce, you want it done now. It’s an uncomfortable and emotional position to be in, especially if you have minor children. You also want to make sure your divorce is done correctly, though, so you do not have to go through this process more than once. These items can help speed up the time it takes to have a judge sign off on your divorce.
Get an Uncontested Divorce
While divorce is an emotional process and it might be easy to fight over every little item, being reasonable and fair can help your end goal. Avoid unnecessary conflicts and disagreements with your spouse to lead to an uncontested divorce, which could be finalized in a matter of weeks.
Create a Fair Separation Agreement
Part of an uncontested divorce means you and your spouse agree on at least the major items and how they are distributed. Agreeing on the distribution of your assets by writing them all down in your marital separation agreement will help speed up your divorce. This agreement will be reviewed by the judge and, once approved, your divorce will be finalized.
Work with an Experienced Lawyer to Get the Fastest Divorce Possible in VA
A divorce is an extremely emotional legal process as you are personally impacted by the proceedings. Partnering with an objective legal advisor can help keep things in focus and speed up the conclusion to the divorce proceedings. Your lawyer has been down this road before and knows how to help you achieve your goal of moving your divorce, proceeding quickly through the legal hurdles.
If you are considering a divorce — or if you and your spouse have already decided one is right for your relationship — speak with an experienced Virginia divorce lawyer today. Our team can guide you through the complex legal process to help you achieve your goals.