Desertion Divorce Lawyer Alexandria — What Are Your Grounds?
Desertion is a fault-based ground for divorce in Virginia under Va. Code § 20-91(6), requiring proof your spouse willfully deserted you for at least one year. A desertion divorce lawyer Alexandria from Law Offices Of SRIS, P.C. can help you build the necessary case. Our firm has extensive experience handling complex fault-based divorces in Alexandria Circuit Court.
Last verified: April 2026 | Alexandria Circuit Court | Virginia General Assembly
Virginia Law on Desertion as a Divorce Ground
Virginia law provides specific fault grounds for divorce, including desertion. To prove desertion, you must demonstrate your spouse willfully abandoned the marital home and cohabitation for a continuous period of at least one year with the intent to end the marriage. This is distinct from a no-fault separation. The statute, Va. Code § 20-91(6), defines the legal standard. Successfully proving desertion can impact other aspects of your case, such as spousal support and equitable distribution of assets. A desertion divorce lawyer Alexandria understands how to gather evidence, from witness testimony to documentation of the separation, to meet the court’s burden of proof.
Official Resources and Alexandria Court Information
For the official text of Virginia’s divorce laws, refer to the Virginia Code Title 20, Chapter 6. All divorce cases in the City of Alexandria are filed with the Alexandria Circuit Court located at 520 King Street, 2nd Floor, Alexandria, VA 22320. The court handles filings for fault grounds like abandonment divorce grounds.
Proving Desertion in Alexandria Circuit Court
Proving desertion requires more than just showing your spouse moved out. You must establish the element of intent—that the departure was willful and without your consent, with no justification, and with the intent to permanently end cohabitation. The one-year period must be continuous and unbroken. In Alexandria Circuit Court, judges look for clear and convincing evidence. This often involves presenting testimony about the circumstances of the departure, lack of communication, and refusal to reconcile. Financial records showing separate households and a lack of shared life are also critical. An experienced spouse abandonment lawyer Alexandria can identify and compile this evidence effectively.
- Consult with a desertion divorce lawyer Alexandria to evaluate your case.
- Gather all evidence of the desertion: dated communications, witness statements, and proof of separate residences.
- File a Complaint for Divorce citing desertion under Va. Code § 20-91(6) with Alexandria Circuit Court.
- Serve the divorce papers on your spouse through a sheriff or process server.
- Proceed through discovery to exchange evidence and prepare for a potential hearing to prove the desertion ground.
Potential Impacts of a Desertion Finding
In Alexandria, a proven fault ground like desertion can influence a judge’s decisions on spousal support and the equitable division of marital property, though Virginia remains an equitable distribution state.
While Virginia divides marital property based on equity, not fault, proving desertion can be a factor the court considers under Va. Code § 20-107.3. More significantly, desertion can directly affect a request for spousal support. The court may consider the desertion as a factor in determining the need for, amount of, and duration of support. Having a skilled desertion divorce lawyer Alexandria is crucial to arguing how this fault ground should apply to the financial aspects of your divorce.
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Alexandria Family Law Team
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings over 120 years of combined legal experience to complex family law matters. Mr. Sris, the firm’s founder and a former prosecutor, personally played a role in amending Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving our team deep insight into the laws that govern your case. We focus on providing clear, strategic guidance through difficult family law situations like desertion divorces.
Samantha Rae Powers, Associate Attorney at Law Offices Of SRIS, P.C. — Licensed in VA, FL. Experienced family law and civil litigator. View Samantha Rae Powers’s Profile
Case Experience in Alexandria
Our attorneys are familiar with the procedures and expectations of the Alexandria Circuit Court. While specific results depend on each case’s unique facts, our firm-wide practice has documented over 4,739 case results with a favorable outcome rate exceeding 93%. Mr. Sris, our managing attorney, provides strategic oversight on complex cases, including those involving fault grounds like abandonment.
Results may vary. Prior results do not guarantee a similar outcome.
Desertion Divorce Lawyer Near Alexandria, VA
Our Arlington location serves clients with family law matters in Alexandria. We are accessible for appointments to discuss your abandonment divorce grounds case. We serve Alexandria, Old Town, Del Ray, and Kingstowne.
Law Offices Of SRIS, P.C.
1655 Fort Myer Dr, Suite 700, Room No. 719
Arlington, VA 22209
Toll-Free: (888) 437-7747 | Local: 703-589-9250
By appointment only. 24/7 phone consultations.
Desertion Divorce in Alexandria: FAQs
What is considered desertion in a Virginia divorce?
Yes. Desertion is the willful abandonment of the marital home and cohabitation by one spouse for at least one continuous year, without the consent of the other spouse and with the intent to end the marriage. It is a fault ground under Va. Code § 20-91(6).
How long must desertion last for a divorce in Virginia?
The desertion must be continuous and last for at least one full year before you can file for divorce on that ground. The clock starts on the date the desertion began, and the period cannot be interrupted by reconciliation or the deserting spouse’s return.
Can I get a divorce for abandonment if my spouse left but we still talk?
It depends. Occasional communication does not necessarily negate desertion if the core elements—willful abandonment of cohabitation and intent to end the marital relationship—are still met for the full year. However, evidence of ongoing reconciliation attempts or a shared domestic life can weaken a desertion claim.
What is the difference between desertion and no-fault separation?
No-fault divorce requires a simple separation period (6 months or 1 year) with or without an agreement. Desertion is a fault ground where one spouse is found to have wrongfully abandoned the other. Proving desertion can affect issues like spousal support, while no-fault does not assign blame.
Do I need a lawyer for a desertion divorce in Alexandria?
Yes. Proving the legal elements of desertion requires specific evidence and legal argument. A desertion divorce lawyer Alexandria can gather the necessary proof, handle Alexandria Circuit Court procedures, and advocate for how the fault finding should impact your overall divorce settlement.
Related Legal Help in Alexandria
If you are dealing with family law issues in Alexandria, you may also want to learn about Virginia divorce lawyers. For matters in neighboring areas, consider an Arlington County divorce lawyer. For other legal needs in Alexandria, explore our services for criminal defense or DUI defense.
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding desertion and divorce in Alexandria.