Desertion Divorce Lawyer Henrico County — What Are Your Options?
If your spouse has abandoned you for a year or more, you may have grounds for a fault-based desertion divorce in Henrico County under Va. Code § 20-91. A desertion divorce lawyer Henrico County from Law Offices Of SRIS, P.C. can help you prove willful desertion and pursue a final decree. Our Richmond location serves Henrico County Circuit Court at 4301 East Parham Road.
Last verified: April 2026 | Henrico County Circuit Court | Virginia General Assembly
Virginia Desertion Divorce Law
In Virginia, desertion is a fault-based ground for divorce. Under Va. Code § 20-91(A)(6), you can file for divorce if your spouse has willfully deserted or abandoned you for one year or more. This is distinct from a no-fault separation divorce. Proving desertion requires showing your spouse left without justification, with the intent to end the marital relationship, and against your wishes. A spouse abandonment lawyer Henrico County can gather evidence like witness testimony, lack of communication, and proof of separate residences to establish the required one-year period.
Official Legal Resources
For the full text of the statute, see Va. Code § 20-91 (official Virginia General Assembly). All desertion divorce cases in Henrico County are filed at the Henrico County Circuit Court.
- Consult a desertion divorce lawyer Henrico County to evaluate your case and the one-year timeline.
- Gather Evidence documenting the date of abandonment, lack of contact, and your objections.
- File a Complaint for Divorce on desertion grounds at the Henrico County Circuit Court clerk’s office.
- Serve Your Spouse with the divorce papers, which may require a private process server if their location is unknown.
- Attend Court Hearings to present evidence of desertion to the judge.
- Obtain Final Decree if the court finds desertion is proven.
In Henrico County, a successful desertion divorce can impact spousal support and equitable distribution, as fault may be considered by the court under Va. Code § 20-107.1.
| Grounds | Legal Standard | Time Requirement | Potential Impact |
|---|---|---|---|
| Willful Desertion | Fault-based | 1 year or more | May affect support & property division |
| Constructive Desertion | Fault-based | 1 year or more | Spouse forced to leave due to misconduct |
Results may vary. Prior results do not guarantee a similar outcome.
Firm Experience in Henrico County Family Law
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris, who personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3. Our firm brings over 120 years of combined attorney experience to complex family law matters, including fault-based divorces like desertion. We have a documented record of favorable outcomes for clients in Central Virginia.
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 Henrico County
Our firm has achieved 21 documented case results in Henrico County across all practice areas. In family law, our strategic approach focuses on clear evidence presentation and assertive advocacy for our clients’ interests. Results may vary. Prior results do not guarantee a similar outcome.
Mr. Sris, our managing attorney with a background in accounting and multi-state practice, provides strategic oversight on complex cases involving financial disclosure and asset tracing that often accompany desertion divorces.
Local Legal Support for Henrico County
Our Richmond location is positioned to serve clients at the Henrico County courts. We are a trusted desertion divorce lawyer Henrico County for residents in Glen Allen, Short Pump, Innsbrook, Tuckahoe, Highland Springs, and Mechanicsville.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, 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?
It depends. Virginia law defines desertion as the willful abandonment of one spouse by the other for at least one year, without justification and against the wishes of the spouse left behind. It requires intent to end the marital cohabitation.
How long do you have to be separated for a desertion divorce in Virginia?
One year. The abandonment must be continuous and without interruption for a full year before you can file for divorce on desertion grounds under Va. Code § 20-91(A)(6).
Can I get a desertion divorce if I don’t know where my spouse is?
Yes. A spouse abandonment lawyer Henrico County can file for divorce by publication or other alternative service methods if your spouse’s location is unknown after diligent efforts to find them. The one-year desertion period must still be met.
Does desertion affect property division or alimony?
It can. While Virginia is an equitable distribution state, fault such as desertion may be considered by the Henrico County Circuit Court judge when making decisions about spousal support and the division of marital assets under Va. Code § 20-107.1.
What evidence do I need to prove desertion?
Evidence can include dated letters or emails objecting to the departure, witness testimony, proof of separate residences (like leases or utility bills), and records showing lack of financial support or communication for the one-year period.
For more information, see our Virginia Family Law Lawyer hub page. We also assist with related matters like criminal defense in Henrico County and DUI defense. For help in a neighboring area, consult our divorce lawyer in Chesterfield County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.