Colonial Williamsburg’s Governor’s Palace is a grand layer cake. Its two ceremonial stories are topped by a dormered attic, then a widow’s walk, and then a two-tiered cupola. All of that garnish is topped by a finial, a masterful metallic flourish. A finial is an end, a final topmost point on a building. A traditional Williamsburg pineapple finial is a great way to mark the moment you finalize your Virginia divorce.

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When Can Divorce be Finalized?

Finial, finalize, and finality all come to us from the same Latin origin meaning “end.” A Virginia divorce is well and truly ended only when you receive (by email or post) a copy of the judge’s signed, final decree. That decree is entered into court records and is available to the public. That final decree means you and your ex-spouse are divorced from the bonds of matrimony.

When that moment of finality occurs is shaped by many factors, but in essence:

  • You and your spouse must first live apart for one year (if the marriage produced children) or six months (if you have no children from the marriage)
  • After a period of separation (no cohabitation, no sex, no favors, no gifts) one of you files for a no-fault divorce
  • Between one and two months later, a Virginia Circuit Court judge signs your final decree

That means you can reach the last moment of a Virginia no-fault, uncontested divorce in anywhere from seven to fourteen months – yes, that fast.

Contested vs. Uncontested Divorce Timelines

Without any question, a no-fault, uncontested divorce is the Virginia legal system’s version of Chesapeake Bay powerboat races. You cannot go any faster through the courts than with a fast uncontested, no-fault divorce. Still, you will need between seven and fourteen months.

If you file for a fault-grounds divorce, do not look for a finalized divorce anytime soon. Yes, the waiting period can be waived, but the resulting legal sparring is expensive and messy. Only two fault grounds allow you to bypass the waiting period:

  1. Adultery
  2. Felony conviction resulting in incarceration of at least a year

Proving adultery is a nasty, dirty, unpleasant business. It is also expensive and usually involves private detectives and a lot of financial records. Felony conviction is straightforward, but if your spouse is getting trotted off to jail, divorce may not be the most pressing issue you have.

Even a no-fault divorce can get mired in endless accusations and recriminations between the two parties. Your divorce can slip from uncontested to contested before your eyes. That can add months to the process. Why? The Virginia court only reacts to motions and filings made by your attorney or your spouse’s attorney. The court system does not take your initial filing and compel you to move ever forward, like some sausage factory.

Should I Sign a Separation Agreement?

We have often referred to the separation agreement as an agenda, a roadmap, and a guidebook to the fastest divorce. It comes into play during separation but shapes the eventual divorce. In one regard, though, it is also your Fast Pass to divorce:

  • Get everything ironed out during your separation period so your divorce is completely amicable, uncontested, and predictable

You must wait either six months or a year to file for divorce. During that time, use the weeks productively. Work with your separated spouse to solve every potential roadblock:

  • Child support
  • Spousal support
  • Child custody (both physical and legal)
  • Equitable division of real property, effects, personal items, and intellectual property
  • Parenting time schedules

Initially, you and your spouse may be hesitant to tackle any of these things. You may worry you will argue about your Aunt Martha’s souvenir spoon collection. Your spouse may worry you want a huge chunk of eligible retirement accounts.

A calendar is a great impetus to get the discussions started. Your divorce attorney can also help both parties see the advantages of knocking out the easiest issues quickly. That smooths the way for more delicate topics like child custody and parenting time.

Using the separation period wisely, you both can get through the divorce itself and get a finalized divorce in quick order.

Fast Divorce? Call The Firm For Men

While you and your separating spouse control the ebb and flow of the waiting period, once the divorce papers are filed, you are at the mercy of the Virginia Circuit Court system. Your divorce must be placed in the court calendar.

A quick way to bypass an actual court appearance is to file an affidavit or deposition. You (and your divorcing spouse) can both state that you have no reservations about the divorce, are in complete agreement, and are not being compelled by anyone. Removing court time can improve your chances of getting a finalized divorce in as little as a month after your separation period.

Finality. A finale. The finish line. Now go and get yourself that Williamsburg pineapple finial.

You cannot reach the final days of divorce in Virginia until you take the first step to start the divorce process. Contact The Firm For Men today or telephone (757) 383-9184 to speak with an attorney. Our team works hard every day to protect the rights of Virginia’s men in all aspects of family law, including separation, divorce, and property settlement.