When a couple decides to file for an uncontested divorce, one of the most common questions they have is: how long will the process take?
Unfortunately, there is no standard answer, because each divorce case is unique. Depending on your circumstances, the process may take several months or upwards of a year from the time you file.
There are several factors that play into the length of time it takes to complete an uncontested divorce, including the amount of time it takes your local court to process paperwork. If you have minor children or your soon-to-be former spouse decides to contest anything during the divorce process, it could take a year or more for your divorce to be finalized.
To give you a better idea of how long your divorce may take, here are some factors that may impact the timeline of an uncontested divorce in Virginia.
1. Your separation period
In the Commonwealth of Virginia, married couples with no minor children are required to be separated for six full months and have a signed marital settlement agreement (sometimes called a Separation and Property Settlement Agreement) prior to filing for an uncontested divorce. If they have children, they are required to be separated for a full year before they can file. Your separation date must be clearly defined and documented in your marital settlement agreement, which is another requirement for an uncontested divorce filing, so be sure that you and your spouse agree (verbally and in writing) on exactly when you decided to separate.
2. Drafting your settlement agreement
The amount of time it takes to draft your settlement agreement depends upon the complexity of your case and how long it takes you and your spouse to reach an agreement on terms like division of assets and debts, child custody and visitation, spousal or child support, and more. If you can’t decide on everything all at once, you may consider a partial settlement agreement to get your divorce process moving, and ask the judge to rule on areas of disagreement.
3. Responsiveness of both parties
Divorce proceedings require both you and your spouse to draft, sign, notarize, and file multiple documents with your local Circuit Court. The faster both parties respond to and file their respective paperwork, the sooner the Court can review and process your divorce case. If your spouse procrastinates or otherwise delays their response, it will lengthen the overall timeline of your divorce process.
4. Custody and visitation arrangements
Determining custody and visitation arrangements for minor children is often a point of contention for divorcing couples, even if the divorce itself is uncontested. Custody arrangements can go as far as involving psychological examination of your children if they are old enough to decide for themselves. If one spouse refuses to negotiate or changes their mind partway through the process, the case may become contested and end up taking longer.
5. The Court’s current docket and backlog of cases
After you and your spouse file all the necessary paperwork with the Court, a judge will need to review your documents and process them before you receive your Final Order of Divorce. Due to the pandemic, Courts have been operating slower than usual, so this factor could impact review times and other communications within the system.
6. Paperwork errors
Even the smallest of errors in your divorce case documents could cause a lengthy delay in finalizing your divorce. If an error is discovered by the Court or if a necessary form is missing from your case file, it could add a significant amount of time to your overall divorce, especially if a document needs to be corrected and resubmitted.
My Legal Case Coach can help you avoid divorce delays due to incorrect or incomplete paperwork. Schedule a free consultation to learn more about our DIY legal case form packets and one-to-one virtual coaching services.