Ending a marriage is never easy. You both made a commitment that you meant to keep from the beginning but plans change, and lives diverge. If you’ve gotten as far as reading this blog, you likely feel like divorce is a realistic option or even inevitable, with stress building. We’re here for you.
You may feel overwhelmed by uncertainty, stressed about your kids, your future, or your finances, and unsure where to begin. Understanding what to expect from the divorce process in Virginia can ease some of that pressure and help you take the next step with confidence. Whether your situation feels straightforward or like it’s headed toward a legal fight, having a clear path forward makes all the difference.
Starting the Virginia Divorce Process
The process begins with a consultation with a family law attorney. This meeting lays the foundation for what’s to come. Your attorney will evaluate whether you’re eligible to file under Virginia law or have to wait. The state allows for both fault-based and no-fault divorces, but each has its own requirements.
Under Virginia Code § 20-91, you must have lived separately from your spouse for at least one year before filing for a no-fault divorce unless you don’t share minor children and already have a signed separation agreement. In that case, the waiting period drops to six months.
If you can prove fault grounds such as adultery, abandonment, physical cruelty (resulting in constructive desertion), or imprisonment, you may file without waiting. For those who don’t meet the timeline or grounds yet, the separation period can be used productively to start negotiating key terms like child custody, property division, and spousal support.
Uncontested vs. Contested Divorces in Virginia
Every divorce falls into one of two categories: uncontested or contested. Uncontested divorces are far more efficient and far less expensive. They usually occur when both spouses agree on all major issues (custody, support, property division, etc.) and either already have a separation agreement or can negotiate one with help from their attorneys or a mediator.
Contested divorces are more involved. If no agreement is reached, one party must move the case forward by scheduling a trial date. In Stafford and Spotsylvania counties, your attorney handles this by attending a Term Day, held four times per year, to get on the docket. They’ll provide the court with details about your case, the issues in dispute, and how much time will be needed for trial. That trial date will typically be set for a day at least a year after your separation began. Mediation is often required before trial, giving both sides another opportunity to avoid court and find common ground.
Concluding Your Divorce Through Agreement or Adjudication
There are two ways a divorce ends: by mutual agreement or by adjudication from a judge. When you and your spouse reach an agreement, it’s usually documented in a Marital Settlement Agreement or Property Settlement Agreement. This contract becomes part of the final court order and covers all necessary terms. You can finalize the divorce without stepping into a courtroom if all documents are in order.
But if an agreement isn’t possible, you’ll go to trial. Trials can last one or two days, often scheduled four to ten months after Term Day. The judge will hear testimony, review evidence, and consider legal arguments—sometimes through written submissions rather than oral arguments. After weighing everything, the court issues a ruling that becomes your Final Decree of Divorce.
During the time between filing and finalizing, you may go through discovery. This is where both sides exchange information, submit documents, and potentially sit for depositions. It’s a critical part of contested cases that helps ensure a fair outcome.
Peace of Mind for Your Family During Your Next Chapter
You don’t have to go through the Virginia divorce process alone. Our team here at Rinehart Bryant is here to protect your interests and help you move forward with clarity and confidence. You deserve a firm that will represent you like family would. We work hard to get families through difficult transitions with dignity. If you’re ready to take control of your next chapter, we’re ready to help.
Rinehart Bryant, PLLC
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