One of the most common questions we get from clients pursuing divorce proceedings is: “How long will this take?”
The answer can vary widely and depend on the type of divorce you’re pursuing. If you and your spouse disagree on important issues like custody, property division, or support, your divorce is considered “contested.” Contested divorces can take significantly longer than uncontested ones because the court becomes more involved in making decisions for you.
Every case is different, but knowing the steps in the process and the average timeline in Virginia can help set realistic expectations.
What Is a Contested Divorce?
In Virginia, a contested divorce happens when the spouses cannot agree on one or more major issues. These disputes might involve:
By contrast, an uncontested divorce—where both parties agree on all terms—can be finalized much faster, sometimes in just a few months. A contested divorce, however, typically involves more legal procedures, multiple hearings, and potentially even a trial.
The Process of a Contested Divorce in Virginia
Filing the Complaint
The process starts when one spouse (the “plaintiff”) files a Complaint for Divorce in circuit court. This legal document states the grounds for divorce, which can be based on fault (such as adultery or cruelty) or on a no-fault basis after a period of separation.
Service and Response
The complaint must be formally delivered—or “served”—to the other spouse (the “defendant”). Once served, the defendant has 21 days to respond.
Discovery
If the case moves forward, both parties exchange information during “discovery.” This step can include financial records, written questions (interrogatories), depositions, and other requests for documents. Discovery ensures that both sides have the information they need to argue their case, but it also adds time, especially when significant assets, debts, or business interests are involved.
Temporary Orders
Either party may ask the court for temporary orders while the divorce is pending. For example, a judge might issue an order about who stays in the marital home, temporary child custody arrangements, or temporary spousal support. These orders help maintain stability while the case is ongoing.
Mediation and Settlement Negotiations
Virginia courts often encourage couples to attempt mediation. Mediation gives both parties a chance to resolve disputes outside the courtroom with the help of a neutral third party. If successful, mediation can save time, money, and stress. However, if no agreement is reached, the case moves toward trial.
Trial
If the spouses remain at odds, the court schedules a trial. At trial, each side presents evidence and testimony, and the judge makes final decisions on all contested issues. In Virginia, divorce trials are decided by a judge rather than a jury.
How Long Does It Usually Take?
Because so many steps are involved, contested divorces take much longer than uncontested cases. Several factors can affect the timeline, including:
The complexity of property or custody issues
The level of conflict between spouses
How busy the local court system is
Delays in exchanging information during discovery
On average:
Uncontested divorces in Virginia can be finalized in about 2–3 months AFTER the required period of separation has been completed.
Contested divorces typically take 12–18 months from start to finish.
In especially complicated or highly disputed cases, it’s not unusual for the process to last more than two years.
It’s also important to note that while the case is pending, temporary hearings and orders can provide interim solutions. This means that issues like child custody or support don’t have to remain unresolved until the final trial.
Davis Law Group Can Help
A contested divorce in Virginia is rarely a quick process. Because of the court procedures involved, the need to exchange detailed information, and the possibility of multiple hearings or even a trial, it’s important to prepare for a timeline that may stretch well beyond a year.
While this can feel overwhelming, knowing what to expect can help you make informed decisions along the way. If you’re considering divorce and expect disputes over issues like custody or finances, you will want an experienced attorney who understands this process in depth.
At Davis Law Group, our family and divorce practice has decades of experience including certifications and expertise in Collaborative Divorce, which is a type of mediation that can reduce the overall time, expense and exhaustion of the process. Whether you are able to work out the details of your divorce outside of the courts or need representation in front of a judge, we can help. Contact us today to set up an appointment and learn more about how we can help you through this stressful process and provide peace of mind.
How Long Does a Contested Divorce Take in Virginia?
One of the most common questions we get from clients pursuing divorce proceedings is: “How long will this take?”
The answer can vary widely and depend on the type of divorce you’re pursuing. If you and your spouse disagree on important issues like custody, property division, or support, your divorce is considered “contested.” Contested divorces can take significantly longer than uncontested ones because the court becomes more involved in making decisions for you.
Every case is different, but knowing the steps in the process and the average timeline in Virginia can help set realistic expectations.
What Is a Contested Divorce?
In Virginia, a contested divorce happens when the spouses cannot agree on one or more major issues. These disputes might involve:
By contrast, an uncontested divorce—where both parties agree on all terms—can be finalized much faster, sometimes in just a few months. A contested divorce, however, typically involves more legal procedures, multiple hearings, and potentially even a trial.
The Process of a Contested Divorce in Virginia
Filing the Complaint
The process starts when one spouse (the “plaintiff”) files a Complaint for Divorce in circuit court. This legal document states the grounds for divorce, which can be based on fault (such as adultery or cruelty) or on a no-fault basis after a period of separation.
Service and Response
The complaint must be formally delivered—or “served”—to the other spouse (the “defendant”). Once served, the defendant has 21 days to respond.
Discovery
If the case moves forward, both parties exchange information during “discovery.” This step can include financial records, written questions (interrogatories), depositions, and other requests for documents. Discovery ensures that both sides have the information they need to argue their case, but it also adds time, especially when significant assets, debts, or business interests are involved.
Temporary Orders
Either party may ask the court for temporary orders while the divorce is pending. For example, a judge might issue an order about who stays in the marital home, temporary child custody arrangements, or temporary spousal support. These orders help maintain stability while the case is ongoing.
Mediation and Settlement Negotiations
Virginia courts often encourage couples to attempt mediation. Mediation gives both parties a chance to resolve disputes outside the courtroom with the help of a neutral third party. If successful, mediation can save time, money, and stress. However, if no agreement is reached, the case moves toward trial.
Trial
If the spouses remain at odds, the court schedules a trial. At trial, each side presents evidence and testimony, and the judge makes final decisions on all contested issues. In Virginia, divorce trials are decided by a judge rather than a jury.
How Long Does It Usually Take?
Because so many steps are involved, contested divorces take much longer than uncontested cases. Several factors can affect the timeline, including:
On average:
It’s also important to note that while the case is pending, temporary hearings and orders can provide interim solutions. This means that issues like child custody or support don’t have to remain unresolved until the final trial.
Davis Law Group Can Help
A contested divorce in Virginia is rarely a quick process. Because of the court procedures involved, the need to exchange detailed information, and the possibility of multiple hearings or even a trial, it’s important to prepare for a timeline that may stretch well beyond a year.
While this can feel overwhelming, knowing what to expect can help you make informed decisions along the way. If you’re considering divorce and expect disputes over issues like custody or finances, you will want an experienced attorney who understands this process in depth.
At Davis Law Group, our family and divorce practice has decades of experience including certifications and expertise in Collaborative Divorce, which is a type of mediation that can reduce the overall time, expense and exhaustion of the process. Whether you are able to work out the details of your divorce outside of the courts or need representation in front of a judge, we can help. Contact us today to set up an appointment and learn more about how we can help you through this stressful process and provide peace of mind.
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