How Long Does a Contested Divorce Take to Resolve?

When you realize your divorce is going to be contested because you and your ex can’t agree, one of the first questions that comes to mind is: How long is this going to take? You may be worried about your children living in uncertainty, the cost of a prolonged legal battle, and the energy it will take to get on with your life.

The honest answer is that most contested divorces can take anywhere from several months to more than a year to resolve. Here’s what typically drives that timeline:

• Disputes over children, finances, or property are often more complicated and require more time.
• Court schedules can push hearing and trial dates further out than expected.
• Settlement negotiations, when possible, can significantly shorten the process.
• The number of disputed issues can increase as the divorce progresses, affecting the time needed to reach a final resolution.

At Mahoney Richmond Thurston, PLLC, our family law attorneys have decades of experience guiding people through contested divorces in Virginia Beach and throughout Hampton Roads. We’ve seen how widely these timelines can vary, and we’re here to help you understand what the road ahead may look like.

Why Do Some Contested Divorces Take Longer Than Others?

The biggest factor affecting the duration of a contested divorce is the specific issues in dispute. When spouses disagree on only a few minor points, they can resolve the divorce relatively quickly. However, disagreements over several significant matters will considerably lengthen the timeline.

Here are some of the major issues that require more time and attention to resolve than others:

• Child Custody and Parenting Time: Disputes involving children are often the most time-consuming and emotionally charged. Courts must carefully evaluate the child’s best interests, which involves gathering evidence, conducting interviews, and, at times, appointing professionals such as guardians ad litem. This process adds significant time to the case.
• Complex Property Division: Dividing marital assets can be straightforward, but it becomes complicated when high-value assets are involved. Valuing businesses, investments, and real estate requires financial experts and extensive documentation, which can extend the timeline by months.
• Support Obligations: Determining spousal and child support involves detailed financial analysis. Disagreements over income, earning potential, and each party’s needs often require formal discovery and testimony to resolve.

Generally, the more of these major issues a couple has, the longer the divorce process will take.

How Do Court Schedules Affect the Divorce Timeline?

Even when both sides are actively working through their divorce case, the court’s schedule can have a major impact on timing. Courts manage large caseloads, which means hearings, status conferences, and trial dates may not be immediately available. Depending on the jurisdiction and time of year, parties may wait weeks or months between important court appearances.

This can be frustrating, especially for families who want to reach a resolution as quickly as possible. However, scheduling delays are often beyond either party’s control and do not necessarily indicate that the case has stalled.

Can Willingness to Negotiate Help Resolve a Contested Divorce Faster?

A couple’s willingness to negotiate can also affect the timeline of a contested divorce. Generally, the more issues the parties can resolve on their own, the faster their divorce will proceed.

There are several approaches couples can take to reach an agreement on their own:

•   Negotiation: The parties and their attorneys can negotiate directly to settle disputes.
•   Mediation: A neutral third party, the mediator, helps facilitate discussions and guides the couple toward a mutually acceptable agreement.
•   Attorney-led discussions: The attorneys for both parties can meet to work through contested issues on behalf of their clients.

For many families, finding common ground helps preserve financial resources, lowers stress, and gives them more control over the outcome of their divorce.

What Happens as a Contested Divorce Moves Toward Resolution?

The contested divorce process typically unfolds in stages. As the case progresses, parties may exchange financial information, attend hearings, address temporary matters involving parenting or finances, and participate in ongoing negotiations.

Several events can occur at each stage that change the direction of the case:

1. Discovery: This is the formal process of exchanging information. New facts often come to light during discovery. For example, one party may uncover hidden assets or debts they were not aware of, leading to new disputes over property division.
2. Temporary Orders: Early in the process, a judge may issue temporary orders for child custody, support, and spousal maintenance. One party’s refusal to follow these orders can create new conflicts and require additional court intervention.
3. Depositions and Hearings: During depositions or court hearings, new information can be revealed through testimony. Inconsistent statements or previously unknown details can complicate existing disputes or create new ones.

The number of disputes that arise during the divorce process directly affects the timeline for resolution.

How Can You Protect Your Children and Finances During a Longer Divorce?

A lengthy divorce can be worrying, but you still have control. You can take certain actions to protect your children and finances throughout the process:

• Stay organized and respond promptly to requests from your attorney and the court.
• Remain open to reasonable settlement opportunities when they arise.
• Focus on stability for your children throughout the process.
• Make thoughtful decisions instead of reactive ones.

While these actions do not eliminate the difficulty of a contested divorce, they can reduce unnecessary delays and help you emerge from the process on a more stable footing.

The Right Strategy Can Help You Reach a Resolution Sooner

A contested divorce can take anywhere from several months to well over a year, depending on the issues involved, the court’s schedule, and whether the parties can reach agreements along the way. Knowing what to expect makes the process feel more manageable, even when it’s hard.

The attorneys at Mahoney Richmond Thurston, PLLC, have resolved contested divorces through court when clients need that path. We’re also skilled at helping clients explore mediation and other conflict-resolution options that can make the process faster and less costly. If you’re facing a contested divorce in Virginia Beach or the surrounding area, contact our office to discuss your situation.