In Virginia, the quickest divorces are uncontested. State laws dictate you must be legally separated from your spouse for at least 1 year before you can begin divorce proceedings, but once you have filed for divorce, a simple case can be completed in a matter of months. That being said, most divorces take much longer.
If you are filing a fault-based claim, you may be able to file for divorce before the allotted separation time expires. Some couples file for a ‘fault-based’ separation, which means one party caused the other some sort of distress.
Reasons for fault-based divorced include:
- Bodily hurt
- Felony convictions
Contested and Uncontested Divorce
Much like fault- based separations, a couple can choose to either have a contested or uncontested divorce. A contested divorce will happen if you and your spouse argue about certain aspects of the divorce and cannot amicably reach an agreement. Arguments of this nature usually concern alimony and division of property.
If the divorce is uncontested, it means both parties agree to all provisions of the divorce. An uncontested divorce will go much quicker than a contested divorce because it can be handled outside of court.
Immediate Absolute Divorce
If you are filing for divorce on the grounds of a felony conviction or adultery, you may be granted an immediate absolute divorce. With this type of divorce, you will not have to wait for a certain period of time before filing. The divorce will be finalized once a judge signs the appropriate documents.
An immediate absolute divorce can still be contested by the other party, but so long as you have a solid defense and reasoning for pursuing this type of divorce, it will most likely be granted.
We understand that sometimes you want to get a divorce as quickly as possible. Our attorneys will do everything we can to speed up the process for you.