Desertion Divorce Lawyer Hanover County — What Are Your Grounds?
Desertion is a fault-based ground for divorce in Virginia under Va. Code § 20-91, requiring proof your spouse willfully abandoned you for at least one year. A desertion divorce lawyer Hanover County from Law Offices Of SRIS, P.C. can help you prove this ground in Hanover County Circuit Court. Our firm has 19 documented case results in Hanover County. We provide 24/7 phone consultations.
Last verified: April 2026 | Hanover County Circuit Court | Virginia General Assembly
Virginia Desertion Divorce Law
Virginia law defines desertion as the willful abandonment and desertion of one spouse by the other, without justification, for a continuous period of one year or more. This is a fault ground for divorce under Va. Code § 20-91(6). Unlike a no-fault separation, proving desertion requires evidence of intent to abandon the marital relationship. If you are seeking a divorce on these grounds, consulting with a desertion divorce lawyer Hanover County is critical to building a strong case.
To succeed, you must prove three elements: (1) your spouse left the marital home with the intent to end the marriage; (2) the departure was against your wishes; and (3) the desertion has continued without interruption for at least one year. Defenses can include your consent to the separation, justification for leaving (such as cruelty), or attempts at reconciliation.
- Gather evidence of the desertion date, such as moving records, changed addresses, or communications stating intent to leave.
- Document your lack of consent and any attempts you made to reconcile or request their return.
- File a Complaint for Divorce on the grounds of desertion with the Hanover County Circuit Court clerk.
- Serve the divorce papers on your spouse according to Virginia law.
- Present your evidence at a court hearing to prove the desertion ground.
- Proceed to resolve related issues like property division, spousal support, and child custody.
External Legal Resources
For the official Virginia statute on divorce grounds, see Va. Code § 20-91 (official Virginia General Assembly). For court forms and procedures, visit the Hanover County Circuit Court website.
Why Choose Our Firm for Your Desertion Case
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to every case. For Virginia family law matters, our primary attorney, Samantha Powers, personally handles your case with support from Mr. Sris, who has the unique distinction of having personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3. This deep legislative experience informs our strategic approach to fault-based divorces like abandonment.
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 Results in Hanover County
Our firm has a documented record in Hanover County courts. For example, we secured a dismissal for a client charged with reckless driving by speed in Hanover County GDC. In another case, we amended a serious object sexual penetration charge down to sexual battery in the same court.
Results may vary. Prior results do not guarantee a similar outcome.
Desertion Divorce Lawyer Near Hanover County
Our Richmond location serves clients at the Hanover County courts on Library Drive. We represent individuals in Mechanicsville, Ashland, Atlee, Beaverdam, and Doswell. For a spouse abandonment lawyer Hanover County, contact us for a consultation.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr, Suite 300, Rm 395
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Desertion Divorce FAQs
What is considered desertion in a Virginia divorce?
Yes. Desertion is the willful abandonment of one spouse by the other for at least one year without consent or justification, as defined in Va. Code § 20-91(6). Proving intent to end the marriage is key.
How long do you have to be separated for a desertion divorce in Virginia?
The desertion must be continuous for one full year. The clock starts on the date your spouse abandons the marriage with intent not to return. This differs from a no-fault separation period.
Can I get a divorce for desertion if my spouse left but we still talk?
It depends. Occasional contact or discussions about practical matters (like children or bills) may not defeat a desertion claim if the core marital relationship has ended and cohabitation has ceased. An abandonment divorce grounds lawyer Hanover County can assess your specific situation.
What if I consented to my spouse leaving?
If you consented to the separation, it may not qualify as desertion. Desertion requires the departure to be against the wishes of the spouse left behind. A mutual decision to separate would typically lead to a no-fault divorce instead.
How does desertion affect property division or alimony?
Virginia is an equitable distribution state. While fault grounds like desertion can be considered by the judge under Va. Code § 20-107.3, they are just one factor among many. Desertion may have a more direct impact on a request for spousal support.
If you need a skilled desertion divorce lawyer Hanover County, contact Law Offices Of SRIS, P.C. today. We also provide counsel as a spouse abandonment lawyer Hanover County for related family law challenges.
Internal Resources: For more on Virginia divorce, see our Virginia Family Law hub page. For help in nearby areas, consider our family lawyer in Henrico County. If you are facing other legal issues, we also offer criminal defense in Hanover County.
Page last verified and updated: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.