Waiting Periods for Virginia Divorces

Posted on Jan 25, 2010 by Hofheimer Family Law

In Virginia, part of the process of filing for divorce is declaring on what grounds you are seeking the divorce based on the choices set forth by the courts.

In order for your Virginia divorce to get approved by the court you must choose your grounds for divorce from an approved list of options and defend those grounds in front of the Judge or Commissioner.

Each state varies slightly as to what grounds qualify for divorce. In Virginia, most of those requirements include living separately from your spouse for at least 1 year.

For many people, the idea of having to wait a year to file for divorce is a frustrating and heart-wrenching decision. While the waiting period is in place to give you and your spouse time to decide if a divorce is truly the right decision, a year can still seem like a very long time.

You can, however, use this separation to start focusing on your own independence, or seek marriage counseling with your spouse. The rules only say that you cannot be co-habitating with your spouse, not that you can’t have contact with them.

There are also some exceptions to the 1-year waiting period, including a 6-month option for couples who do not have children under the age of 18 and who successfully complete a Virginia property settlement agreement.

A qualified Virginia divorce lawyer can help you determine if you have grounds for a Virginia divorce and how to begin your proceedings.

For more information on Virginia grounds for divorce, visit our article library.

The Virginia divorce attorneys at Hofheimer Family Law Firm represent Virginia women who wish to file for divorce. We are committed to fighting for your rights, assisting in child custody disputes, and ensuring that you receive everything you are entitled to and need in order to start your new life. Contact us today to schedule your legal consultation – (757) 425-5200.