How long does it usually take to get a divorce?

Question

I live in Virginia and am in the process of divorcing. My ex and I are amicable and are not contesting custody or property. We have already signed all the papers and given them to my attorney a month ago.

But I haven't heard anything since, she rarely returns my calls, and when I finally got through to her she said that the court is just slow.

Is this normal? Am I being too impatient? Or is the attorney being too slow?

Oh, and I already paid her.

Answer 1

it should only take a week or 2 mine only took about 9 days from the time that i dropped the papers off, but the thing is that lawyers get your money, and dont ever want to lift another finger for you, call her and say this, look im gonna call back every 5 minutes until you return my call, i will keep you so busy with the messages and will tie up your phone all day until i hear from you, so we can do this your way and ill try right back, all lawyers are assholes, every single one of them, i hate them, they are ate the hell up with greed, any way whats the rush???dont jump too fast or you may land in something that isnt what it appears to be

Answer 2

In most states the process takes about 1 year.

The clock starts ticking when a formal separation is filed with the court.

There are areas such as Nevada where it takes six weeks, but almost everywhere else it is one year.

There are several reasons primary among them are the process for separating property and determining custody of minor children if there are any.

The other reason is more traditional. It is the states implied position that if a marriage can be saved it should be and therefore the waiting period is also designed so the parties may reconsider the separation.

One important note, do not have conjugal relations with your estranged spouse because in some states that is considered a reconciliation and can cause the clock the go back to zero.

As far as the attorney is concerned, she should return your calls even if it is to tell you that nothing will occur for a while. But given that she didn't adequately explain the process (given your question I assume this to be the case) trying speaking with her secretary and set up a meeting outlining your need for clarification.

Good luck

Answer 3

Not long... The less property you have and the more you can agree, the quicker and cheaper a divorce will be. The one hang-up is the custody issue. If you can come to an agreement to share joint custody, that will speed things along. Otherwise, the Judge will have to decide what is in the best interest of your child, and for him/her to do that may take quite a bit of time and review of the case (and in the end, as long as it doesn't endanger the child, the Judge will usually award joint custody anyway... so why waste your time and money for the court system to decide what you two can agree upon for free). The other thing is, the two of you brought this child into the world. If you two, as parents, can put aside their feelings about each other, you can make a better decision on your child's behalf than any Judge can no matter how much information the Judge has. You two really need to ask yourselves if you are fighting about custody because you are convinced that the other partner is an unfit parent, or if it is a manifestation of your marital issues and just another thing to fight for control over in general (maybe BECAUSE you don't have property to fight over?). If your partner really is an unfit parent and is abusive to your child or is going to put your child in harm's way, then that is something you need to bring DHS, CFS and the police into, NOT just a custody battle in court. If your partner is just a crappy husband, but is OK as a father, then you are going to have to accept that he is going to have 1/2 control over your son until age 18. You can look up "mediation" in the phone book and meet with a trained mediator. Mediation costs much less than a lawyer. Having a neutral 3rd party oversee your discussions can help you avoid falling into other arguements, and can often times avoid lengthy and expensive court proceedings. The #1 thing is to keep your child's best interest at heart.

Answer 4

I don't know about Virginia, but in Texas, after the papers are signed it's usually 2-3 weeks. Once the papers are signed, the attorney arranges for a court date. It's possible that your courts are busy, as she says. You might want to ask someone there who was recently divorced.

Answer 5

I am going thru a divorce as well. No contest on anything really, and we filed in May 2006. Should be final at my next hearing which is Jan. 23. So I think it depends on your state and how backed up the court system is.

Answer 6

My friend just went through the same process, it took just under a year. It should flow easier if no money or children are involved, but be patient. I went through the system (weren't amicable) and it took a year. The courts are very busy and not too caring about such things.

Answer 7

The time limits vary from state to state, but always begin when the paperwork was filed at the court house. In Cali it's 6months and one day from the file date.In TX it can be as little as 60days. Of course that is if all the paperwork is correct and filed properly..etc.

Answer 8

Hi!

Do you know if Virginia has a waiting period? For example, in NC you need to be legally "separated" for 1 year before you can get a final divorce.

:-)

Answer 9

if there are no problems,no assets to divide up,and you both want a clean and amicable divorce,usually 1-2 mths,depends on the court filing and when a judge can hear your case.

Answer 10

I don't know how it works in Virginia, but in Indiana, you have to wait 90 days for it to become official after filing the papers.