Desertion Divorce Lawyer Virginia, VA
Virginia law permits a divorce on the fault ground of desertion when one spouse willfully leaves the other and the abandonment continues for a statutory period. This is a different path from the more common no‑fault separation divorce, and it carries its own legal requirements and strategic considerations. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law in Virginia since the firm was founded in 1997. He and his Of Counsel team bring over 120 years of combined legal experience to desertion divorce matters across the Commonwealth. Results may vary. If you are considering a desertion‑based divorce or are responding to a complaint that alleges desertion, request a consultation at (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Desertion Divorce Means in Virginia
Under Virginia law, desertion is one of several fault grounds for divorce from the bond of matrimony. Va. Code § 20‑91 provides that a divorce may be granted on the ground of willful desertion or abandonment for a period of one year. The spouse who left must have done so voluntarily, without the consent of the other spouse, and without justification. The spouse seeking the divorce must prove the desertion by a preponderance of the evidence. A successful desertion claim can affect spousal support and the equitable distribution of marital property, underscoring the importance of accurate factual development and courtroom presentation.
Under Virginia Code § 20‑91, a divorce on the ground of desertion requires proof of willful desertion or abandonment for a period of one year.
Source: Va. Code § 20‑91 (grounds for divorce). Virginia Code § 20‑91
Reviewed by Mr. Sris, admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York.
Desertion differs from a simple physical separation because the departure must be unprovoked, continuous, and accompanied by an intent to remain apart permanently. Temporary absences, separations agreed upon by both parties, or a departure that is the result of the other spouse’s misconduct do not satisfy the statutory definition. Virginia courts evaluate the facts of each case individually, looking at the circumstances surrounding the separation and any communication between the parties. Because desertion is a fault ground, the spouse who is found to have deserted the other may face financial consequences in spousal support and property division. Virginia is an equitable distribution state under Va. Code § 20‑107.3, and fault may be considered by the court when determining how marital assets are divided.
In addition to the fault ground, Virginia requires that at least one party be an actual bona fide resident and domiciliary of the Commonwealth for six months before filing suit. Va. Code § 20‑97. Divorce actions are filed in the Circuit Court of the county or city where either party resides. The Complaint for divorce must state the ground with particularity, and Virginia requires at least one corroborating witness who can testify to the facts of desertion. The procedural requirements are strict, and a thorough preparation of evidence is essential.
How Mr. Sris and His Of Counsel Handle Desertion Divorce Cases
Mr. Sris and his Of Counsel approach desertion divorce matters by first evaluating whether a fault‑based filing aligns with the client’s goals. Sometimes a no‑fault separation divorce is a more practical route; in other cases, establishing desertion can strengthen the client’s position on spousal support and equitable distribution. The legal team gathers evidence, including communication records, financial documents, and witness statements, to build a factual record that meets the statutory standard.
Once the evidence is assembled, a Complaint for divorce is filed in the appropriate Virginia Circuit Court. The opposing party must be served according to the rules of civil procedure. If the desertion is contested, the case proceeds through discovery, settlement negotiations, and, if necessary, trial. Throughout the process, Mr. Sris and his Of Counsel advise on the likely outcomes and the interplay between fault and financial considerations under Va. Code § 20‑107.3. The timeline for a contested divorce varies by case complexity and the court’s calendar; an uncontested matter supported by a signed separation agreement can resolve more quickly. At every stage, the focus is on presenting a well‑substantiated claim while protecting the client’s interests in property, support, and, where relevant, child custody.
About Mr. Sris and His Of Counsel Team
Mr. Sris is Owner and Founder of Law Offices Of SRIS, P.C. He is a former prosecutor and has practiced law since the firm was established in 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His work on family law legislation and his decades of courtroom experience provide a thorough understanding of how fault grounds like desertion are litigated.
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience. Results may vary. They have documented 4,739+ case results across all practice areas since 1997. The Of Counsel attorneys who contribute to family law matters do so under the supervision of Mr. Sris, and the team collaborates on strategy, evidence, and trial preparation. For additional information on the legal team, visit Our Team.
Frequently Asked Questions
What does “desertion” mean as a ground for divorce in Virginia?
Desertion under Virginia law is a fault‑based divorce ground that requires proof that one spouse willfully left the marital home without justification and the abandonment continued for at least one year. The departure must be voluntary, without the consent of the other spouse, and with no intention of returning. A temporary separation or a departure caused by the other spouse’s misconduct does not qualify. The spouse alleging desertion must present evidence of these elements, and the court will scrutinize the circumstances carefully. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
Do I have to prove fault to get a divorce in Virginia?
No, you are not required to prove fault; Virginia also allows no‑fault divorce after a six‑month or one‑year separation depending on whether minor children are involved and a separation agreement has been signed. If you choose to pursue a fault ground such as desertion, you must present evidence to support it. The decision often turns on whether proving fault will affect spousal support or the division of property. Mr. Sris and his Of Counsel can help you evaluate which path is best for your circumstances.
How long does a desertion divorce take in Virginia?
The timeline for a desertion divorce varies depending on whether the case is contested or uncontested, the availability of witnesses, and the court’s calendar. An uncontested divorce where the desertion is not disputed and all other issues are resolved by a signed agreement can move more quickly. A contested case that goes to trial will take longer, potentially many months. Mr. Sris and his Of Counsel work to resolve matters efficiently while protecting your interests. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437‑7747.
What if my spouse left and I do not know where they are?
If your spouse cannot be located, Virginia law permits service by publication in certain circumstances after diligent efforts to find them have been made. You must show the court that you attempted to locate your spouse through reasonable means. This procedure adds steps to the process, but a divorce can still be granted. An experienced family law team can guide you through the requirements and help ensure the proper steps are taken.
Can desertion affect spousal support and property division?
Yes, a finding of desertion can influence the court’s decisions on spousal support and equitable distribution of marital property. Virginia’s equitable distribution statute allows the court to consider fault when dividing marital assets, and a spouse found to have deserted the other may receive a smaller share or be ordered to pay support. The effect depends on the specific facts and financial circumstances of the marriage. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
Do I need a lawyer for a desertion divorce?
While you are not legally required to have an attorney, desertion divorces involve proving fault, which can be factually and legally complex. You must present evidence, secure witnesses, and comply with procedural rules. An attorney can help you assess the strength of your desertion claim, develop a trial strategy, and negotiate settlement terms. Mr. Sris and his Of Counsel have extensive experience handling fault‑based divorce cases across Virginia.
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Outbound authority: Va. Code § 20‑91 (grounds for divorce) ? Va. Code § 20‑107.3 (equitable distribution) ? Virginia Circuit Courts
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary. Attorney responsible for this advertising: Mr. Sris.