One of the first questions Virginia men ask when facing separation or divorce is simple but important: how long is this going to take? Virginia divorce law follows strict timelines that depend on separation requirements, whether children are involved, and whether the divorce is contested or uncontested. Understanding these rules can help you plan financially, emotionally, and legally.

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Residency Requirements

Before you can file for divorce in Virginia, at least one spouse must have been a resident of the Commonwealth for a minimum of six months. This requirement must be met before filing in Circuit Court. If neither spouse meets this requirement, the court does not have jurisdiction over the case.

Virginia Separation Requirements

Virginia does not allow immediate divorce in most cases. Instead, the law requires spouses to live separate and apart for a defined period of time before a no-fault divorce may be finalized.

  • One year of separation is required when minor children are involved or when there is no written separation agreement.
  • Six months of separation may be sufficient if there are no minor children and both spouses have signed a written separation or property settlement agreement.

Separation means more than living in different bedrooms. One spouse must intend the marriage to be over, and the parties must live as separate individuals with no marital relationship.

No-Fault Divorce Timelines

Six-Month Divorce Timeline

The fastest divorce available in Virginia applies only when:

  • There are no minor children from the marriage
  • The spouses have lived separate and apart for at least six months
  • All issues are resolved in a written agreement

After the six-month separation period ends, an uncontested divorce may be filed. Once paperwork is submitted and reviewed, many courts finalize the divorce within several weeks.

One-Year Divorce Timeline

When minor children are involved or no written agreement exists, Virginia law requires a full year of separation before divorce. In these cases, the overall timeline often reaches 13 to 15 months when court processing time is included.

Contested vs. Uncontested Divorce

Uncontested Divorce

An uncontested divorce occurs when both spouses agree on custody, support, property division, and debt. These cases move relatively quickly once separation requirements are satisfied, often concluding within one to two months after filing.

Contested Divorce

When spouses disagree on major issues, the divorce becomes contested. These cases often involve hearings, discovery, mediation, and possibly trial. Contested divorces frequently take 18 months or longer, depending on complexity and court schedules.

Fault-Based Divorce Timing

Virginia allows fault-based divorce on grounds such as adultery, cruelty, desertion, or felony conviction. While a fault-based divorce may allow filing without waiting a full year, these cases often take longer due to the need for evidence, witnesses, and court hearings.

What Happens After Filing?

Once a divorce complaint is filed:

  • The other spouse must be formally served with divorce papers
  • The responding spouse has time to file an answer
  • The court reviews evidence and agreements
  • A judge signs the final divorce decree

Even uncontested cases require careful paperwork and proper filings to avoid delays.

Common Causes of Divorce Delays

  • Disputes over child custody or visitation
  • Disagreements about property or debt division
  • Incomplete financial disclosures
  • Court docket congestion
  • Missing or improperly filed documents

How to Speed Up Your Divorce

While you cannot bypass Virginia’s separation laws, you can avoid unnecessary delays by:

  • Negotiating a thorough separation agreement early
  • Providing complete financial documentation
  • Using acceptance of service when appropriate
  • Working with an experienced family law attorney

Get Legal Help

Every divorce follows Virginia law, but no two cases move at the same pace. Whether your divorce is simple or complex, having the right legal guidance can save you time, stress, and money.

The Firm For Men represents Virginia men through every stage of separation and divorce. Call our Virginia Beach office at (757) 383-9184 or contact us online to discuss your case.