Kelly Byrnes & Danker, PLLC continues to be fully available to serve the needs of both our existing clients as well as new clients for their family law matters. Although we are primarily working remotely due to the impact of COVID-19, we remain fully operational and accessible to meet with clients via video and telephone conferencing during this time period. Read More

Can you do anything to speed up a delayed Virginia divorce?

On Behalf of | Mar 30, 2021 | Divorce

Divorce is a common experience. The reduction in social stigma attached to divorce has led to people more readily pursuing the end of a relationship that is often unhealthy and unproductive. No-fault laws and non-litigated divorce solutions, like mediation as well as collaborative law, have now become part of the common approach to resolving divorce cases.

The increase in divorces has also increased the demand for faster and more expedient divorce as well, including demand for what people call “weekend divorces.” Realistically speaking, divorcing in a single weekend is impractical and not possible in Virginia.  Whether or not you have children, the no fault requirements in Virginia for a divorce require a separation period of six months to one year.

However, that doesn’t mean you have to live in divorce limbo indefinitely. There is one element that can drastically speed up how long it takes you to get a divorce.

Find a way to file for a non-litigated divorce

Divorce has never been fast, but a combination of increased demand in recent months and reduced court accessibility have led to even longer delays for couples hoping to leave behind an unhappy marriage.

Waiting for your chance for court hearings could mean delaying the end of your marriage by months. Additionally, litigated divorces tend to be more expensive and create greater uncertainty because they demand more time from your individual attorneys and rely on the decision of a judge who has is vested with a significant amount of discretion when deciding issues.

If you and your spouse can find a way to file an uncontested divorce, you won’t have to wait indefinitely and the divorce can even be finalized without having to hold a formal hearing. You can also drastically reduce what it costs you to end your marriage because you won’t require hours of court time to hash out your unresolved issues.

Reaching a settlement before you file for divorce requires negotiation and planning, but it is possible even for couples who currently don’t agree on anything.

Collaborative negotiations, arbitration or mediation can help

Often, it’s possible for the attorneys representing divorcing spouses to negotiate a settlement for their clients. Provided that each side is willing to make some concessions, attorneys may be able to figure out all of the details for your divorce so that you can file a quicker, uncontested divorce.

Other times, if you struggle to find a compromise that works for your family, you might need to consider mediation or possibly arbitration. Partnering with an outside professional can make it easier for everyone to re-evaluate their perspective and find a way to compromise.

Looking at all of your options, including an uncontested filing, can help you reduce how much time it takes you to get a divorce. You may also be able to save some money and protect your privacy at the same time.

Archives

Categories

FindLaw Network