What kinds of things can make a Virginia divorce take longer to complete?




Overview

Divorce is sometimes a difficult and drawn-out process, and in how long to get a divorce in virginia, a number of circumstances can make the finalization process take a very long period. The state provides both disputed and uncontested divorce choices, but the process of reaching a settlement relies on a number of important factors, such as the length of the separation, the contentious issues, the existence of children, the distribution of property, and the availability of the courts. Recognizing these elements will enable you to prepare for probable postponements in the divorce procedure.

  1. Required Intervals of Separation

The obligatory separation period is one of the main things that can make the divorce process take longer in Virginia. If all parties are in agreement with the terms of the divorce and have a formal property settlement agreement in place, the law usually mandates a six-month separation for couples without children. Regardless of whether the divorce is contentious or not, the separation period for couples with small children is one year. Couples must live apart constantly during this period before they are even qualified to seek for divorce, making it a crucial necessity. The separation clock can be reset and the process further delayed by any failure to maintain the separation, such as interim reconciliations.

  1. Disputed Matters

The length of time it takes to complete a divorce will rise if it is contested, meaning that the couple cannot agree on important matters like property distribution, spousal support, child custody, or child support. Pre-trial hearings, discovery (during which the parties exchange evidence), and maybe a complete trial when a judge settles the problems are all elements of a contested divorce. Depending on how complicated the problems are and how cooperative the spouses are, these steps may take months or even years.

  1. Conflicts over Child Support and Custody

When there are children involved, the divorce process might take a long time due to disagreements over child support, visitation rights, and custody. The child's best interests are given top priority by the court, which frequently entails a careful examination of each parent's circumstances. Evaluations of child custody may be necessary for this, involving house visits, parent interviews, and advice from mental health specialists. The lengthier the duration of the custody dispute resolution process, the more likely it is that both parents will have to testify and provide evidence in court.

  1. Property and Asset Distribution

Divorce proceedings may take longer to complete if marital assets are divided. how long to get a divorce in virginia uses a "equitable distribution" paradigm, which means that the division of marital property by the court is based on what is considered fair, rather than necessarily equal. Deciding on an equitable distribution might be difficult when there are a lot of assets involved, including businesses, retirement savings, or real estate. In order to assess assets, both parties might need to engage financial specialists, which could stall talks or result in drawn-out legal actions if a deal cannot be reached.

  1. Conflicts Over Spousal Support

There is also the possibility of delays in the field of spousal support, or alimony. In the event that one partner requests alimony and the other refuses, the court will have to decide if support is necessary and, if so, how much and how long it should be provided. Examining the financial circumstances of both parties, including income, assets, and earning potential, is part of this procedure. If there are disagreements or insufficient financial declarations, this process may take some time.

  1. Scheduling and Backlogs in Courts

Finalizing a divorce can take longer than expected if the legal system is not readily available. Like many other courts, Virginia's is beset with a backlog of cases and a restricted schedule. This may mean waiting weeks or even months to see a judge, particularly in situations where a trial is required. Furthermore, unanticipated events like the COVID-19 outbreak might worsen court backlogs and cause additional delays in the proceedings.

  1. Not Complying with Legal Requirements

Failing to comply with filing requirements might also cause the divorce process to drag on. For instance, the court may reject the filing and order the parties to resubmit the documents if the paperwork is missing important documentation, is incomplete, or was submitted incorrectly. This can take a long time to complete the process, particularly if it requires multiple tries to get everything organized.

In summary

Depending on these variables, the duration of a how long to get a divorce in virginia can vary substantially. More complicated cases including contested issues, custody conflicts, or considerable assets can take months or even years to conclude. In contrast, uncontested divorces with no children or property difficulties can be handled quite quickly. Reducing the amount of time it takes to get a settlement can be achieved by being aware of these possible delays and collaborating with legal experts to handle the process effectively.