(757) 552-6055
Divorce can often feel like it takes forever. Even when both spouses agree that the marriage should end, the legal process can involve waiting periods, financial disclosures, negotiations, court requirements, and scheduling delays. When spouses disagree about property division, alimony, child custody, or other issues, the process can take considerably longer.
While some aspects of a divorce cannot be rushed, there are steps that you can take to keep your case moving forward. Preparing your documents, understanding Virginia’s separation requirements, communicating efficiently, and resolving disagreements outside of court can all help to prevent unnecessary delays. Working with an experienced Virginia divorce attorney can also help to speed up the divorce process, as your lawyer can help you make more strategic decisions about your case.
Based in Virginia Beach, the lawyers of Poole, Brooke, Plumlee represent clients in all types of Virginia family law matters. Whenever possible, we strive to help our clients get divorced as quickly as possible so that they can move forward with their lives. Reach out to our law offices today to schedule a consultation with a Virginia divorce lawyer.
Why Does Divorce Take So Long in Virginia?
A Virginia divorce involves more than simply filing paperwork and waiting for a judge to sign a final decree. Divorce cases often involve complex matters like property and debt division, spousal support/alimony, child custody and visitation, and child support. These issues can take time to work out, even if the parties generally agree about how to handle them.
Several factors can slow a divorce down, including:
- Disagreements about marital property or debt
- Disputes concerning child custody or parenting time
- Disagreements over child or spousal support
- Incomplete financial information
- Delays in exchanging documents
- Difficulty communicating with your spouse
- Failure to meet court deadlines
- Multiple court hearings
- Disagreements over the terms of a proposed settlement
- Complicated assets such as businesses, retirement accounts, or real estate (particularly in high-asset divorces)
Some delays are outside of your control. Court schedules, statutory requirements, and the complexity of a particular case often determine how quickly a divorce can be completed. However, many delays occur because the spouses are not prepared to move forward.
Understanding Virginia’s Divorce Separation Clock
One of the most important things to understand about speeding up a Virginia divorce is that certain waiting periods cannot simply be eliminated. Virginia law allows for a no-fault divorce in situations where the spouses have lived separate and apart (without cohabitation) for one uninterrupted year. If the spouses have a separation agreement and do not share minor children, there is a shorter 6-month separation period.
This creates two basic timelines for no-fault uncontested Virginia divorces:
- The 6-Month Separation Period: If you do not share minor children and you have a valid separation agreement, you and your soon-to-be ex will be eligible to obtain a divorce after living separate and apart for 6 months. This option can make resolving the terms of the divorce early especially important. A separation agreement can address issues such as property and debt division, alimony, and any other outstanding matters between the spouses.
- The 1-Year Separation Period: When minor children are involved, you cannot take advantage of the 6-month separation period. Instead, you and your spouse must live separate and apart without interruption for one year.
Understanding which separation period applies to your circumstances allows you and your attorney to plan backward from the earliest potential date for finalizing the divorce. However, the separation clock is not something an attorney can simply make disappear. Instead, the goal is to use the waiting period productively.
While you wait for the statutory period to expire, you can work towards resolving the financial, parenting, and other issues that might otherwise delay the final divorce. This is particularly important for divorces involving minor children, as these cases have a longer waiting period.
Virginia does allow for fault-based divorces. You can seek a fault divorce for several reasons, such as cruelty, abandonment, and adultery. However, fault-based divorces almost always take far longer to resolve as they generally require going to trial to prove the fault ground.. For this reason, pursuing a fault divorce usually isn’t the best option if you want a faster divorce.
How to Expedite Your Virginia Divorce
It isn’t always possible to speed up a divorce. There are many reasons why you simply won’t be able to get divorced quickly. For example, if your spouse is determined to drag out the process by refusing to agree to reasonable settlement terms, you probably won’t be able to get divorced on a more expedited basis.
However, there are some things that you can do if you’d like to shorten the process. The following steps can be helpful if your goal is to get divorced faster.
Reach a Property Settlement Agreement Early
One of the most effective ways to reduce conflict and keep a divorce moving forward is to negotiate a Property Settlement Agreement (PSA) with your soon-to-be ex. A PSA is a written agreement that resolves some or all of the issues between divorcing spouses. Depending on the circumstances, it may address the division of property and debts, spousal support, responsibility for debts, and other financial matters.
Virginia law permits married persons to enter into agreements concerning their rights and obligations, including matters involving property and the disposition of property upon separation or dissolution of the marriage. Reaching an agreement does not mean that you should sign the first document placed in front of you. A settlement should be based on a clear understanding of the marital estate and your legal rights and obligations.
That is why it can be helpful to begin negotiations early. Instead of waiting until the end of the separation period to discuss property and finances, spouses can use that time to:
- Identify marital and separate property
- Determine how debts will be handled
- Discuss the marital home
- Address bank and investment accounts
- Review retirement assets
- Consider spousal support
- Resolve other financial issues
- Address custody and parenting arrangements (when applicable)
- Prepare a comprehensive written agreement
The more issues that you can resolve before a court hearing is necessary, the fewer disputes remain for the court to decide. Ideally, you can negotiate a PSA with the help of an attorney to ensure that your legal rights are protected.
Get Your Financial Documents Together Before Your Lawyer Asks
Incomplete financial information is a common source of unnecessary delay in Virginia divorces. Your attorney needs accurate information about your financial circumstances to advise you effectively. If you wait until your lawyer requests every document before gathering anything, valuable time can be lost.
Instead of waiting, you should organize your financial records as soon as possible. Useful documents may include:
- Recent pay stubs
- Federal and state tax returns
- Bank statements
- Credit card statements
- Investment account statements
- Retirement account statements
- Mortgage documents
- Deeds and other real estate records
- Vehicle loan documents
- Business records
- Insurance policies
- Pension information
- Student loan statements
- Any other records showing assets or debts
You shouldn’t assume that an account or an asset is irrelevant to your divorce because it is held in one spouse’s name. Virginia courts distinguish between separate, marital, and hybrid property when dividing property in a divorce. Even if an asset or debt is in one spouse’s name, it may still be considered marital property under Virginia law.
Organizing these records can help your attorney identify issues sooner and give you a clearer picture of what needs to be resolved. It can also make negotiations more productive. It is much easier to negotiate a settlement when both spouses have access to reliable financial information.
Consider Mediation Instead of a Courtroom Battle
Going to court does not always mean that your case will be resolved quickly. In fact, the opposite is usually true. Litigation often requires discovery, motions, hearings, extensive preparation, and potentially a trial. All of that can take time, particularly when you are subject to the court’s schedule.
For couples who are willing to negotiate, mediation can provide a good alternative. During mediation, a neutral third party helps the spouses discuss disputed issues and explore potential solutions. The mediator does not make the final decisions for the couple. Instead, the spouses retain control over whether they reach an agreement and the terms of the agreement.
Mediation can be particularly useful when spouses have disagreements but are capable of communicating and negotiating in good faith. While it isn’t appropriate for every couple, it can be helpful if you simply need a neutral third party to help you work out an agreement. Your attorney can help you determine whether mediation makes sense for your situation.
Respond Quickly to Requests and Deadlines
Another simple way to prevent delays is to stay responsive. Your attorney may need information, documents, signatures, or decisions from you throughout the divorce. Waiting several days or weeks to respond can cause a chain reaction of delays, particularly when other deadlines or court dates are involved.
Try to:
- Return requested documents promptly
- Ask questions when you do not understand something
- Review proposed agreements carefully
- Keep your attorney informed of changes in your circumstances
- Attend scheduled meetings and hearings
- Meet all court deadlines
- Tell your attorney about important financial or family developments
Being responsive does not mean you should make rushed decisions. Important agreements should be reviewed carefully. The goal is to avoid unnecessary delay without sacrificing careful decision-making.
Work with a Proactive Virginia Divorce Attorney
The lawyer that you choose to handle your divorce can play an important role in keeping it moving. A proactive attorney can help to establish a roadmap for your case, identify the information needed to evaluate your situation, communicate with the other side, prepare and review settlement documents, and address problems before they become major disputes.
Your lawyer can also help you understand which portions of the divorce process are within your control and which are dictated by Virginia law or the court’s schedule. For example, you may not be able to shorten the applicable separation period. However, you can use that time to negotiate a PSA, gather financial records, address parenting issues, and prepare the paperwork necessary to move toward finalization.
Your attorney can also help you avoid mistakes that create additional work. A settlement agreement that leaves important issues unresolved, for example, can result in future disputes or require additional legal proceedings. The objective should not simply be to finish as quickly as possible, but to reach a fair resolution without unnecessary delays.
Take the Next Step Toward Resolving Your Virginia Divorce
The Virginia divorce process includes mandatory requirements that cannot be eliminated, such as the 6-month or 1-year separation period for an uncontested divorce. However, there are still some things that you can do to speed up the divorce process. This includes working out an agreement, gathering important documents early, being open to negotiation, and hiring a skilled lawyer.
If you are considering divorce in Virginia, Poole, Brooke, Plumlee can help you understand the process. We can also help you develop a strategy for resolving as efficiently as possible while protecting your rights and interests. To learn more or to schedule a consultation with a Virginia Beach divorce attorney, give our law offices a call at 757-499-1841or fill out our online contact form.
