Desertion Divorce Lawyer Virginia Beach, VA
Desertion is one of the fault grounds for divorce in Virginia, and it requires specific proof before the Virginia Beach Circuit Court. Under Virginia Code § 20‑91, a spouse may seek a divorce on the ground of willful desertion or abandonment when the other spouse has left the marital home without justification and has remained absent for one year. Our firm represents men and women in Virginia Beach, Sandbridge, and Oceana who need to establish desertion as a basis for ending their marriage. Mr. Sris and his Of Counsel handle desertion divorce matters from the firm’s Richmond location, and they appear regularly at the Virginia Beach Circuit Court, located at 2425 Nimmo Parkway, Building 10B, Virginia Beach, VA 23456. To discuss whether desertion applies to your circumstances, reach Law Offices Of SRIS, P.C. at (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Desertion Divorce Means in Virginia Beach
Desertion is a fault-based ground for absolute divorce in Virginia. It is distinct from a no‑fault separation divorce because the party seeking the divorce must prove that the other spouse’s departure was willful and without justification, that the departing spouse intended to end the marital relationship, and that the abandonment has lasted for at least one year. The one‑year period must be continuous, and the deserting spouse must not have resumed cohabitation during that time. The Virginia Beach Circuit Court, which has exclusive jurisdiction over divorce complaints in Virginia Beach City, evaluates evidence such as the date of departure, lack of communication, and the absence of any intent to return. Because desertion is a fault ground, it can also influence decisions about spousal support and equitable distribution, although Virginia remains an equitable distribution state rather than a community property state.
in handling family law matters at the Virginia Beach Circuit Court and the Juvenile and Domestic Relations District Court, local practice emphasizes clear documentation of the desertion period. A corroborating witness is generally required even for an uncontested divorce hearing, and a well‑drafted separation agreement—signed by both parties—can resolve issues concerning property division, support, and custody without trial. Mediation is available in Virginia but is not mandatory; if the parties cannot agree, the court will rule on all contested matters. The Richmond location of Law Offices Of SRIS, P.C. serves clients at the Virginia Beach courts, and our team is familiar with the procedural expectations of the 4th Judicial District.
How Mr. Sris and His Of Counsel Handle Desertion Divorce Cases
When a client contacts us about a desertion‑based divorce, a consultation is scheduled to review the facts of the separation. We help gather the evidence needed to demonstrate willful desertion: the date of abandonment, any written or digital communications, testimony from family members or neighbors, and records showing the absent spouse’s failure to return. A complaint for divorce is then filed in the Virginia Beach Circuit Court, where the case will proceed. If temporary support or custody orders are needed while the divorce is pending, a motion for pendente lite relief can be filed.
Throughout the process, Mr. Sris and his Of Counsel work to advance the client’s interests under Virginia’s equitable distribution framework. The court considers eleven factors under Va. Code § 20‑107.3 when dividing marital property, and desertion as a fault ground may be one of the circumstances that contributes to the dissolution of the marriage—a factor the judge may weigh. The timeline for a desertion divorce varies depending on whether the case is contested, the court’s calendar, and the complexity of any property or custody disputes. If the desertion ground is proven and all other issues are resolved, the court can enter a final decree of divorce. Our team’s focus is on thorough preparation, clear presentation of evidence, and consistent communication with the client from filing through entry of the final order.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. He is a former prosecutor and is admitted to the bars of 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), a bill that revised the equitable distribution statute, Va. Code § 20‑107.3. His Of Counsel attorneys, each with extensive civil litigation and family law experience, assist in handling desertion divorce matters throughout Virginia. Collectively, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and 4,739+ documented firm-wide results. Results may vary.
Frequently Asked Questions
What constitutes desertion for a divorce in Virginia?
Desertion requires one spouse to willfully leave the marital home without the other spouse’s consent and without justification, with the intent to end the marriage, and to remain absent for at least one continuous year. The evidence must show that the departing spouse had no intention of returning and that the other spouse did not consent to the separation. Mere separation by mutual agreement is not desertion. If you are unsure whether your situation qualifies, a consultation can help you evaluate the facts.
How long must a spouse be gone before I can file for desertion divorce in Virginia Beach?
A spouse must have been absent for one year before you can file a complaint for divorce on the ground of desertion. The one‑year period runs continuously from the date of abandonment. If the deserting spouse returns or the couple resumes cohabitation at any point, the clock restarts. Once the year has passed, you may file in the Virginia Beach Circuit Court. The court will still require a corroborating witness to testify about the desertion at the final hearing.
Do I need a witness to prove desertion in a Virginia divorce?
Yes, Virginia law generally requires at least one corroborating witness to testify about the desertion at your divorce hearing. The witness must be able to confirm the date of abandonment and the absence of cohabitation during the required period. A family member, neighbor, or friend with direct knowledge is often sufficient. Even in an uncontested desertion divorce, the court will expect to hear supporting testimony before granting the final decree.
How does desertion affect property division in a Virginia divorce?
Desertion, as a fault ground, may influence the equitable distribution of marital property under Va. Code § 20‑107.3. Virginia courts divide marital assets fairly but not necessarily equally, and one of the eleven statutory factors is the circumstances that contributed to the dissolution of the marriage. If desertion is established, the court may weigh it as a factor, potentially affecting the distribution of assets or an award of spousal support. Each case depends on its specific facts; for personalized guidance, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
Can I get a divorce in Virginia Beach if my spouse left the state?
Yes, you can still obtain a desertion divorce in Virginia Beach if you meet Virginia’s residency requirement and the desertion occurred while you were living together in Virginia. At least one spouse must have been a bona fide resident and domiciliary of Virginia for six months before filing. If the deserting spouse left the state, service of process may be handled by publication or other alternative methods when personal service is impractical. Our firm can advise on the proper procedure for your situation.
What if my spouse denies desertion? Will I still get a divorce?
If your spouse contests the desertion claim, you will need to present evidence at a trial before the Virginia Beach Circuit Court. The judge will hear testimony and review documents to decide whether you have proven willful desertion by the required standard. Even if desertion is not established, other grounds—such as a one‑year separation—may still be available. An experienced family law attorney can help you present the strong case possible. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
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Outbound authority: Va. Code § 20-91 | Va. Code § 20-107.3 | Virginia Beach Circuit Court
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