One of the most common questions people have when getting divorced is: how long will this take? Some people wish it could happen very quickly, whereas others hope it will take years. Regardless of which camp a person falls into, the answer remains the same: it depends. Is this divorce contested, or uncontested? Do the parties have, or want, a separation agreement? What are the grounds for divorce? How responsive are the parties and/or attorneys? How busy are the Courts? Depending on the answers to all of these questions, a divorce can take anywhere from a few months to a few years.
CONTESTED, OR UNCONTESTED?
Ignoring the difference in cost, whether a divorce is contested or uncontested can drastically affect the timeline of divorce. Many people believe that if both parties agree to get divorced, the process should be relatively swift and easy. Unfortunately, that is not always the case. Even assuming that both parties agree that divorce is the correct option, they still need to either: (a) wait until they have been separated for a full year before filing for divorce, and/or (b) wait six months and sign a Separation Agreement that resolves all financial issues arising out of your marriage (this option is ONLY available if the divorce is uncontested AND the parties have no minor children).
Uncontested Divorce in Virginia
Even if a divorce is uncontested, you will still need to: file a Complaint; serve the Complaint; wait for the other side to sign a Waiver of Service or file some form of Answer; draft and file two Affidavits (one for a party and one for a corroborating witness); draft and file the VS-4 Form (a required form that provides vital statistics to the state about divorces and annulments); draft and file the Final Order of Divorce; etc.
All documents take time to draft, approve, and file. Many things can be filed simultaneously, but of course the timeline will depend on how responsive the other side is. Ultimately, the timing depends on the responsiveness of the parties, the attorneys, and the Court. You should always do your part by answering your attorney as promptly as possible if they have questions for you.
Contested Divorce in Virginia
If a divorce is contested, you are going to be looking at a timeline of more than a year for your divorce. First, you need to determine what grounds of divorce you will be filing under. After filing, you will need to wait for the other side to respond. You will then go through the discovery process, which can take months, and you will need to have a date(s) set for your trial. You may also set multiple hearings before your trial for issues such as pendente lite (temporary) support; motions regarding discovery; etc. Even setting “the trial” can be a misleading statement if you have children, as some Courts require two separate hearings: one for all custody matters and one for distribution of property and support. These two hearings are generally scheduled months apart. Setting hearings leaves you at the mercy of the Court’s calendar, and sometimes trials are set out many months, or even more than a year.
SEPARATION AGREEMENTS
Generally it is helpful for most parties to have some form of Separation Agreement (also known as Property Settlement Agreements or Marital Settlement Agreements) in place to ensure that each party’s rights and property interests are protected. Any form of Separation Agreement must be negotiated and drafted (most preferably by an attorney) to ensure all parties are on the same page. If the parties do not have much property together and are generally agreeable, drafting an Agreement can be very easy and fast. If, however, the parties have property, or do not agree on all terms of division of assets, custody, support, etc., the parties may need to go through mediation or exchange multiple drafts of Agreements, which can take many months. There are many pitfalls associated with Agreements that resolve (or purport to resolve) issues between divorcing spouses, and so it is always advisable to have any Agreement (even outlines of settlements) drafted and/or reviewed by an attorney before signing it.
GROUNDS FOR DIVORCE
What are the grounds of divorce? In order to file for divorce there must be legal grounds to file, or the Court will not be able to hear your case. Most grounds for divorce require a waiting period before you can file.
Some fault grounds for divorce, such as cruelty and abandonment, require a one year waiting period. Other fault grounds, such as adultery, require no waiting period.
If filing under a no-fault ground, the parties must wait either: (a) one year, if they have minor children, or (b) 6 months if the parties have no minor children AND a Separation Agreement in place.
The grounds for divorce may change based upon the circumstances of the parties, such as the parties coming to an agreement and changing from fault grounds to no fault grounds, but before the Court may begin to consider a case there must be some grounds of divorce.
RESPONSIVENESS OF PARTIES AND/OR ATTORNEYS
This factor is important regardless of whether the divorce is contested or uncontested. If the parties and/or their attorneys are non-responsive, or at least take a long time to respond, the divorce process can be longer. Some parties use this as a tactic if they do not want to get divorced, and others may be slow to respond simply because they are naturally slow with communication.
Whatever the reason, while there are ways to work around non-responsive opposing parties and counsel, you will need to be persistent and the process will take longer than necessary. Non-responsive parties also slow down the process even in an uncontested divorce as attorneys cannot file necessary pleadings without consultation with, and approval from, their clients. Non-responsive attorneys, or attorneys who take a long time to draft simple documents, can also slow everything down.
HOW BUSY ARE THE COURTS?
If the Courts are busy due to a large volume of cases, the divorce process can take longer. Even if the divorce is uncontested and you are simply submitting pleadings for review, if the Court is backlogged it could take longer than usual for the Court to be able to review the pleadings and enter a final order of divorce. If the case is contested, the parties may not receive a trial date for many months depending on the estimated length of the trial and the Court’s current docket.
SO HOW LONG DOES IT REALLY TAKE TO GET DIVORCED?
Unfortunately, there is no concrete answer to this question as each case is unique. Some cases take months, while others may take years. You can ensure that the process goes as quickly as possible by: (a) making sure to respond to your attorney, the opposing party and/or the Court promptly, and (b) if you choose to proceed with an attorney, making sure he or she is also responsive to your communications, as well as to communications from the opposing counsel and/or the Court.
CGG attorneys strive to promptly return all phone calls, e-mails, and other forms of communication, and will make sure to follow-up with the Court and the opposing party to ensure your case is resolved as expeditiously as possible. To schedule a consultation appointment with one of our experienced attorneys, visit www.cgglawyers.com or call (703) 934-1480.