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How Long Does a Divorce Take in Virginia? What to Expect at Each Stage

If you are thinking about filing for a divorce in Virginia, one of the first questions you may have is, “How long does it take?” While state law sets clear minimum timelines, there’s no single answer, as the circumstances surrounding each case often dictate how much time and effort is needed to obtain a final order.

Knowing what to expect throughout the process and the timelines involved can help you plan. Our experienced Virginia divorce attorney explains what to expect at each stage and how to avoid common mistakes that cause unnecessary delays.

Virginia Divorce Separation: Where the Clock Starts

In Virginia, the divorce process does not begin when you file with the court. It begins when you and your spouse stop living as a married couple. That date starts the mandatory separation period required under the Virginia Code. How long that period lasts depends on your specific situation:

If there are no children from the marriage and you have a written separation agreement covering all key issues, you can file after six months of living separate and apart.
With minor children, or if no written agreement is in place, the separation period extends to a full year.
Any resumption of the marital relationship, even briefly, can restart the separation clock.
Spouses are not required to live in separate residences to establish separation, but if you remain under the same roof, you need clear evidence of separate lives, including separate finances, routines, and sleeping arrangements.

Filing on fault grounds such as adultery can eliminate the separation requirement. However, proving it requires evidence and typically results in longer, more expensive litigation.

What Happens After You File for a Virginia Divorce? Contested vs. Uncontested Timelines

Once the separation period is complete, you can file your complaint for divorce with the Virginia Circuit Court. What happens next depends largely on whether your divorce is contested or uncontested.

In an uncontested Virginia divorce, spouses agree on property division, support, and child custody, and their case can be resolved relatively quickly. A contested divorce takes longer due to the following:

Requests for temporary orders covering custody, support, or use of the family home.
The discovery phase, during which both sides exchange information relevant to the case.
Mediation, which may be court-ordered.
If the case goes to trial, scheduling alone can add months to the timeline.

Contested divorces in Virginia can take a year or more, particularly when there are custody disputes, significant assets, claims of marital misconduct, and other issues.

Request a Consultation Today With an Experienced Virginia Divorce Lawyer

If you are filing for a divorce in Virginia, numerous factors can impact how long it will take. At Schwartz Kalina, PLLC, we help clients cut through the red tape. Our experienced Virginia divorce lawyer helps clients get what they are entitled to in a settlement, resolving issues in the most efficient and cost-effective manner possible.

Sources:

law.lis.virginia.gov/vacodefull/title20/chapter6/

vacourts.gov/courts/circuit/loudoun/home.html