If you’re considering divorce in Virginia, you may be wondering how to get the process over with as quickly as possible. While Virginia law generally requires a one-year separation period before granting a no-fault divorce, there are exceptions that can allow you to get divorced without waiting a year.
At Holcomb Law, PC, we understand the emotional toll of a prolonged divorce process. That’s why we’re here to guide you through the legal intricacies to help you move forward with your life as quickly as possible.
No Waiting Period: How Can I Get Divorced in Virginia Without Waiting?
The only way to get a Virginia divorce without going through the wait is to file a “fault-based divorce.” This is a type of divorce where you’ll need to prove a specific wrongdoing on the part of your spouse. By contrast, a “no-fault divorce” does not require you to prove any misconduct or blame your spouse. This divorce type, however, will involve a one-year waiting period.
If you don’t want to wait a year to get divorced in Virginia, read our section below to see if you have the proper grounds to get a fault-based divorce.
Grounds for Immediate Divorce in Virginia
Virginia recognizes several fault-based grounds for divorce, which can allow you to bypass the one-year separation requirement. Any of these grounds may be valid:
- Adultery, sodomy, or buggery: If you can prove that your spouse committed adultery within the past five years, you may be eligible for an immediate divorce. However, you’ll need strong evidence, such as testimony from a third party or a private investigator.
- Felony conviction: If your spouse has been convicted of a felony and sentenced to more than one year in prison, you can file for divorce immediately after the conviction.
- Cruelty or reasonable apprehension of bodily harm: If your spouse has inflicted physical or mental cruelty that causes you to reasonably fear for your safety, you may be able to file for divorce without waiting a year.
- Desertion or abandonment: If your spouse has willfully deserted or abandoned you for a period of one year or more, you can file for divorce immediately after the one-year mark.
It’s important to note that fault-based divorces can be more complex and contentious than no-fault divorces, as you’ll need to provide evidence to support your claims. An experienced divorce attorney can help you navigate the process and ensure that your rights are protected.
Six-Month Wait: Uncontested Divorce in Virginia
If you and your spouse agree on all aspects of your divorce, such as child custody, child support, alimony, and property division, you may be eligible for an uncontested divorce. In Virginia, if you have no minor children and have signed a separation agreement, you can file for an uncontested divorce after six months of separation. With minor children, the minimum separation period is still one year.
An uncontested divorce can be a faster and more cost-effective option than a contested divorce, as it removes the need for lengthy court battles and negotiations. However, it’s crucial to ensure that your separation agreement is fair and protects your interests, as it will be legally binding once the divorce is finalized.
Mediation and Collaborative Divorce
If you and your spouse are unable to reach an agreement on your own, mediation or collaborative divorce can be effective alternatives to traditional litigation. These processes involve working with a neutral third party (a mediator or a team of professionals) to facilitate open communication and negotiate a mutually acceptable settlement.
Mediation and collaborative divorce can often be completed in a shorter timeframe than a contested divorce, as they encourage cooperation and compromise between the parties. Additionally, they can help preserve relationships and minimize conflict, which can be particularly beneficial if you have children.
How to Speed Up a Divorce in Virginia
There are a few strategies that can help expedite the divorce process in Virginia:
Allege the Correct Grounds
Review the valid grounds for Virginia divorce and see if your situation may qualify for the shortest waiting time. For example, if you can prove adultery, you may be able to file for divorce immediately without a waiting period. Without the right grounds, your divorce filing may not move forward until you amend your petition.
File for an Uncontested Divorce
An uncontested divorce is where you and your spouse agree on all major issues like child custody, child support, property division, and spousal support. This divorce type proceeds much faster. Depending on whether or not you have minor children, you may only need to be separated for 6 or 12 months before you can file for divorce. After that, the judge only needs to ensure your settlement agreement complies with Virginia law rather than adjudicating every issue.
FAQ: Getting a Divorce in Virginia Without Waiting a Year
Can I get a divorce in Virginia without waiting a year if my spouse committed adultery?
Yes, if you can provide concrete evidence that your spouse committed adultery within the last five years, you may be eligible for an immediate divorce in Virginia without waiting a year. However, proving adultery can be challenging as you’ll need strong evidence.
What if my spouse has been convicted of a felony?
If your spouse has been convicted of a felony and sentenced to more than one year in prison, you can file for divorce immediately after the conviction without waiting a year.
Can I get a divorce without waiting a year if my spouse has been physically or mentally abusive?
Yes, if your spouse has subjected you to cruelty that causes you to reasonably fear for your safety, you may be able to file for divorce without waiting a year. However, you’ll need to provide evidence of the cruelty and your reasonable apprehension of bodily harm.
How long do I have to wait if my spouse has deserted or abandoned me?
If your spouse has willfully deserted or abandoned you, you can file for divorce immediately after the one-year mark without waiting any longer.
Can I get an uncontested divorce in Virginia without waiting a year?
Yes – if you don’t have minor children, you will only need to be separated for six months, then you can file for an uncontested divorce in Virginia. If you do have minor children, the required separation period is one year.
What is the difference between a fault-based divorce and a no-fault divorce in Virginia?
A fault-based divorce is based on specific grounds, such as adultery, cruelty, or abandonment, and can allow you to bypass the one-year separation requirement. A no-fault divorce, on the other hand, requires a one-year separation period but does not require proving fault.
What should I consider when deciding whether to pursue a fault-based or no-fault divorce in Virginia?
When deciding whether to pursue a fault-based or no-fault divorce, you should consider factors such as:
- The strength of your evidence for fault grounds
- The potential for conflict and contention
- The cost and time involved
- The impact on any children involved.
An experienced divorce attorney can help you weigh the pros and cons of each option based on your specific circumstances.
Can mediation or collaborative divorce help me get divorced faster in Virginia?
Yes, mediation or collaborative divorce often makes the divorce process faster. With the help of a neutral third party, the spouses may minimize conflict and arrive at agreements much quickly.
How long does it typically take to get a divorce in Virginia once the paperwork is filed?
The timeline for finalizing a divorce in Virginia can vary depending on the specific circumstances of your case, but it typically takes several months after filing the paperwork. An uncontested divorce may be finalized more quickly than a contested divorce.
Do I need an attorney to get a divorce in Virginia without waiting a year?
While it’s possible to represent yourself in a divorce case, it’s generally advisable to work with an experienced divorce attorney. This is especially true if you’re seeking a fault-based divorce or if there are complex issues involved, such as child custody or property division. An attorney can help protect your rights, secure your interests, and handle the process correctly and smoothly.
A Quick Divorce Can Be Difficult To Navigate. Let Holcomb Law Help.
Our experienced divorce attorneys at Holcomb Law, PC have provided compassionate guidance and effective representation to numerous Virginians going through divorce. We’re ready to help you navigate the process as smoothly as possible. Whether you’re seeking a fault-based divorce, an uncontested divorce, or exploring alternative dispute resolution methods, we’re here to protect your rights and advocate for your best interests.
If you’re considering divorce or have questions about the process, don’t hesitate to contact us at (757) 656-1000.
