When spouses cannot agree on important matters like asset distribution, child custody, or spousal maintenance, a disputed divorce takes place. These disputes must be resolved in court, often resulting in a longer, more complicated divorce process. In Virginia, the timeline for a contested divorce can vary based on several factors, but it typically takes anywhere from several months to over a year to finalize. Understanding the stages and factors that influence the length of a how long does a contested divorce take in Virginia can help manage expectations during this difficult time.

Key Stages of a Contested Divorce in Virginia

  1. Filing the Divorce Complaint The divorce process begins when one spouse files a "Complaint for Divorce" in the appropriate Virginia Circuit Court. The plaintiff is the spouse who makes the complaint, while the defendant is the other spouse.. Once the complaint is filed, the defendant must be formally served with the divorce papers. This process can take a few weeks to months, depending on how quickly the defendant is located and served.
  2. Responding to the Complaint The defendant has 21 days to file a response (or an "Answer") to the complaint. In their response, they may contest the grounds for divorce or raise issues like child custody or financial disputes.
  3. Discovery Phase After the initial pleadings, the discovery phase begins. During discovery, both parties exchange information about assets, income, debts, and any other relevant issues. This phase often involves depositions, document requests, and interrogatories (written questions). Discovery can take several months, depending on the complexity of the case and the level of cooperation between parties.
  4. Settlement Negotiations and Mediation Many contested divorces are resolved through settlement negotiations or mediation. Mediation can help both spouses come to agreements on key issues without going to trial, but if they cannot agree, the case proceeds to court. These negotiations can take weeks or months, depending on the willingness of both parties to compromise.
  5. Trial The matter goes to trial if a settlement cannot be reached. In Virginia, contested divorce trials may be scheduled several months after discovery ends due to the court’s busy schedule. The length of the trial itself varies, but it typically lasts a few days. After the trial, the judge may take additional time to issue a ruling.
  6. Final Divorce Decree Once the trial is over and the judge has made a decision, a final divorce decree is entered. This officially ends the marriage and finalizes decisions on property, custody, and support.

Factors Affecting the Timeline

  • Complexity of the Case: Divorces involving significant assets, business interests, or complicated custody disputes often take longer.
  • Cooperation of Both Parties: The more cooperative the spouses are, the quicker the process will move.
  • Court Schedules: Virginia courts may have backlogs, which can delay the trial date.

Conclusion

how long does a contested divorce take in Virginia can take anywhere from several months to over a year to finalize, depending on the complexity of the issues involved and the willingness of the parties to cooperate. While the process is time-consuming, understanding the various stages and working toward settlement when possible can help reduce the time and stress associated with a contested divorce.