The waiting period for getting Virginia divorce is 6 months to 1 year, depending on the couple’s situation.
The 6-month waiting period applies to couples that have no minor children and have already drawn up a written Virginia separation agreement.
If you and your spouse have minor children and/or have not created a written Virginia separation agreement, the 1-year waiting period applies.
Your Virginia divorce lawyer can talk to you about your situation and help you to draw up a suitable Virginia separation agreement whether you are hoping to qualify for the 6-month waiting period, or will have to wait the full year.
Some couples who seek a Virginia divorce may need to spend all or most of their Virginia separation period residing under the same roof, particularly if their financial situation makes it impossible to maintain 2 residences. This problematic situation-known as an in-home Virginia separation-requires very careful planning to ensure that the separation meets the requirements set forth by Virginia divorce law.
If you and your husband violate the requirements of an in-home Virginia separation during your waiting period, you will be forced to undergo the entire waiting period all over again.
A Virginia divorce attorney can work with you to establish a plan for your in-home Virginia separation, or for your Virginia divorce in general. Your attorney can help you to streamline the process as much as possible so that you do not suffer any undue stress and pressure as you wait for this chapter in your life to close.
When to Hire a Virginia Divorce Attorney
There are very specific rules governing divorce in Virginia. At Hofheimer Family Law Firm we are committed to providing you with the experience and compassion you deserve and the successful results you need to move on with your life. Request a FREE copy of our guide, What Every Virginia Woman Should Know About Divorce, or reserve your seat at our monthly divorce seminar – 757-425-5200.