How long can a spouse drag out a divorce in Virginia?
Ava Robinson
Published Apr 03, 2026
If your husband has filed for divorce, once you’ve been served with a complaint, you’ll only have 21 days to respond. There’s no room for dragging your feet or taking your time; if you don’t respond within that time frame, technically the court can move on with your divorce without further notice to you!
Can you get divorced right away in Virginia?
There is no “quick” divorce in Virginia. You must be legally separated from your spouse for between 6 to 12 months (depending on children, grounds for divorce, etc.) before you can begin the divorce process.
How long does it take for a judge to sign a divorce decree in Virginia?
You have to have grounds to FILE for divorce, though, so you can’t finalize on the day that you were separated for a year (or six months). There are a couple more parts of the process, so it’ll usually take 6-8 weeks beyond that to get the divorce decree entered and everything done.
Is it bad to move in with someone in the middle of a divorce?
It is ill advised and you are pretty much securing your spouse wins the custody battle against you by moving in with a significant other in the middle of the divorce. Unlike the Nike slogan, “just don’t do it!” If you have questions about custody of minor children, contact one of our family law attorneys.
What happens if you move out of state during divorce?
Moving far away is sure to impair that schedule, so the order must be modified before you can do it. A distinction has to be drawn here between two types of custody: “sole” and “joint.” Sole custody gives one parent the final word on where the children live, where they go to school, how they get health care and so on.
Can a boyfriend move in with a girlfriend while a divorce is pending?
I am many times asked, “is it o.k. if I move in with my new boyfriend/girlfriend, while the divorce is pending?” The answer depends on whether you have children or not, and if there are no minor children, that you aren’t making a request on spousal support (maintenance), as it may affect both.
What should I do if my spouse is delaying the divorce?
Specifically, you can deny your spouse’s request to cancel a deposition for the third time and file a formal motion, asking a judge to issue sanctions (fines or other punishments) against your spouse. You may also be able to recoup some of the attorney’s fees you spent on the motion.