How Long Does A Contested Divorce Take In Virginia?
Divorce is a complicated and lengthy process, especially when the parties disagree. Individuals filing for divorce in Virginia may face challenges when their partner contests the divorce. Understanding the grounds and process of a contested divorce in Virginia is essential to know how long it will take.
In Virginia, couples must have grounds for a divorce before filing with the court. After filing with the court, it will move through several litigation stages until completion. This can involve mediation sessions or settlement conferences where spouses try to reach an agreement without going to trial.
Grounds For A Contested Divorce
For couples in Virginia considering a divorce, it is crucial to understand the laws governing the dissolution of a marriage. There may be grounds for a contested divorce in Virginia.
Also, certain conditions must be met before the court can grant it. In order to begin this process, it is necessary to understand what constitutes grounds for such a divorce under Virginia law.
Adultery
In Virginia, adultery is the leading ground for a contested divorce. A contested divorce is when the spouses cannot agree on one or more issues, including the grounds for divorce. Suppose a spouse can show that their partner has committed adultery. In that case, obtaining a divorce in Virginia may be sufficient.
Cruelty
A contested divorce in Virginia can be granted on the grounds of cruelty by one spouse against the other. Cruelty is any willful act or omission that causes a spouse bodily harm or mental suffering.
It can include physical, emotional, and verbal abuse. To prove cruelty in court, the evidence must show that the cruel behavior occurred consistently and created an unsafe environment for the victim.
Abandonment Of Marriage
When one spouse leaves the marriage without communication and doesn’t return, this is considered abandonment. In order to qualify as abandonment and be granted a contested divorce, the abandoning spouse must have been away from the marriage for at least one full year before filing.
Length Of Contested Divorce
The time it takes to complete the process of an uncontested divorce depends upon the laws of the state in which it is filed. In Virginia, a contested divorce typically takes 18 months to resolve. Below is the process of a contested divorce in Virginia.
File A Complaint
The first step in filing for a contested divorce is to file a complaint with the local family court. This document outlines all the details regarding the dissolution of a marriage between the two parties. This includes any issues surrounding children, finances, or property disputes.
Serve Complaint
Serving a complaint is essential in the divorce process as it informs the defendant of their rights, obligations, and potential consequences. Once this document is done, generally through mail or personal service by a court-appointed officer, allows the court to establish jurisdiction over both parties.
Sign Waiver Of Notice
One of the critical steps in the process is for one spouse to sign a waiver of notice. This waiver acknowledges that one party has been informed of the divorce proceedings. By signing this waiver, the court will accept it as confirmation that both parties know what is happening in their case.
Attend A Court Hearing
A court hearing is an integral part of the filing process. It allows both sides to present their case before a judge and argue why they should receive what they ask. The court hearing also enables both parties to cross-examine witnesses and introduce evidence relevant to their case.
Summary
In conclusion, it is essential to understand the grounds of a contested divorce and its process if you are seeking one. This knowledge will help you make an informed decision, understand how long the process may take, and prepare for legal proceedings.
Communication with an attorney can provide more information on the specifics of your case. That said, it is essential to remember that contested divorces involve difficult circumstances and emotions. Seek help from qualified professionals and supportive family or friends if needed.
The Irving Law Firm is an excellent choice for anyone seeking a lawyer for their contested divorce process. With years of experience and a reputation for outstanding customer service, they will provide you with the representation you need.
They will work hard to ensure that your best interests are upheld and that your case is handled fairly and efficiently. Their attorneys have extensive knowledge of family law and stay up-to-date on any changes in the law.
Read More: Can An Out-Of-Court Settlement Agreeable In Virginia Divorce?
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