How Long Does Divorce Take In Virginia?
Divorce is a complicated process affecting not just the parties involved but their families and friends. For those in Virginia, understanding the duration of the divorce process can help prepare for what lies ahead.
Knowing how long it will take to finalize a divorce can help alleviate the stress associated with this life event. This article will explore the time it takes to complete a divorce in Virginia, considering both contested and uncontested divorce scenarios.
Filing Process Of Divorce
Divorce is a complicated process, and it can be overwhelming to navigate the filing process. Knowing the steps involved in filing for divorce is crucial. It can help ensure you take the proper steps to begin the process. Below is a comprehensive overview of starting the filing process of divorce.
Filing
The first step in filing for divorce is the actual filing itself. This involves completing all necessary paperwork and submitting it to your state’s court system or family court division. All forms must be completed accurately and truthfully to ensure your case progresses smoothly.
Typically these include summons and complaint forms. A settlement agreement and parenting plan are also included if applicable. Additionally, you may need financial disclosures. This can help if any financial issues are involved in your case.
Discovery
After filing the initial paperwork, there is an additional step before going to court, known as discovery. Both parties must disclose all relevant information about their finances, assets, and debts during this stage. This includes bank statements, tax returns, and property deeds.
It also involves exchanging financial documents. This is so that each party can accurately understand the other’s finances. This step in the divorce process may be difficult for some couples. It requires them to divulge sensitive information about their personal lives that they may not want to share.
Trial
The last step in the divorce filing process is the trial. This part requires both parties to appear before a judge. During the trial, each spouse must present their case to the judge. The lawyers will also be present if either party has legal representation.
At this point, disagreements may still exist on how certain assets are divided between spouses. Both parties must provide evidence to support their claims so the court can make a fair judgment based on existing laws and regulations.
Length Of The Divorce Process
There is no clear answer regarding how long the divorce can take, as it varies from case to case. This will only depend on the complexity of the agreement and the number of contested issues. Below are factors impacting how long a divorce process can last, including uncontested and contested divorces.
Uncontested Divorce
Due to its speed and ease, the uncontested divorce process is often seen as a favorable way to dissolve a marriage. On average, this process takes between 30 to 90 days. This is from the time it is initiated until the court’s final judgment is issued.
Those looking for an amicable resolution to their marital issues often choose this route. Because it requires less time and effort for both parties to get through the legal proceedings.
For couples to have a successful uncontested divorce, they must be able to agree on all matters without any disputes or disagreements. This type of agreement can be reached through mediation or with assistance from attorneys before filing with the court system.
Contested Divorce
The contested divorce process is arduous, and the length of time it takes to achieve a result will largely depend on the case’s complexity. Those couples who cannot agree upon any matters can expect to endure a much longer process than the uncontested divorce.
The courts have the final say regarding property division and spousal support. So, even if one spouse wants an issue resolved quickly, a judge must still make those decisions. Depending on court backlogs and other cases ahead of yours, this could mean waiting for weeks or even months for a final ruling.
Summary
The duration of a divorce is largely dependent on what type of divorce you are pursuing. If you are going through a divorce, it is important to understand the different types of divorces and their associated timelines.
Additionally, seeking legal advice from an experienced divorce attorney may help you to better understand your rights and the estimated timeline for your particular case. You may feel overwhelmed when it comes to understanding the length of time necessary for your divorce process.
It is always best to lean on a skilled lawyer from The Irving Law Firm to ensure that you are making the right decisions for your particular case. Their attorneys have been helping clients with their divorces for many years. They can provide invaluable insight into the potential timeline of your case.
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