Divorce is a lengthy and stressful process. If both agree on separation terms the process can be quick without any need for a trial in the court. The process gets delayed if both involved in the divorce disagree in terms of asset split or child custody.
Even if you choose a no-fault settlement, you want to ensure that terms get implemented fairly. To ease the overwhelming process, you can hire the best divorce lawyer in Hampton, Virginia.
Timeline for uncontested [no-fault] divorce process
Uncontested means both agree on separation terms without any qualms on asset division, marital debts, alimony or child support. In Virginia, you must stay separately for a minimum of one year before filing for a no-fault divorce. If there are no minor kids involve the time limit decreases to six months. There is also a need for a valid separation agreement.
The court process can be avoided in uncontested divorce through a hearing request via affidavit. It speeds the process but the actual timeline will depend on the assigned judge schedule. A written deposition will be submitted that recaps the case. The deposition will be reviewed and submitted in the court for approval.
The exact timeline for an uncontested divorce case in Virginia from initial filing after separation period to finalization will depend on two aspects –
- How long the couples reach a settlement?
- How long court takes for processing your case?
If both have no or few qualms in separation terms, your divorce finalization can be expected within 6 to 8 weeks.
Timeline for contested [fault] divorce process
The contested divorce process takes more time because the reasons need to be proved. The common legal grounds for divorce are –
- Willful desertion
- Felony conviction
Every ground will need to be proved. A contested divorce is more complicated but can be beneficial where marital property and alimony is involved. Experienced lawyers from Denbigh Law Center can help to advise you in such situations, just call them!
If both have a valid prenuptial agreement, it simplifies property split and alimony terms. A prenuptial agreement that acknowledges child custody will not be approved or enforced if the family court judge is not comfortable with its relevance in circumstances revealed.
Depositions are scheduled in the discovery phase, where both will be under oath while exchanging the information. It is accepted as evidence in the court. It even helps the court to determine separation terms.
Contested divorce timeline depends on specific circumstances but is extremely lengthy!