Desertion Divorce Lawyer James City County — What Are Your Options?
If your spouse has left you for a year or more, you may have grounds for a desertion divorce in James City County under Va. Code § 20-91. A desertion divorce lawyer James City County from Law Offices Of SRIS, P.C. can help you file a fault-based divorce, which may impact spousal support and property division.
Last verified: April 2026 | Williamsburg/James City County GDC | Virginia General Assembly
Understanding Desertion as a Ground for Divorce in Virginia
In Virginia, desertion is a fault-based ground for divorce. It is defined under Va. Code § 20-91 as the willful desertion and abandonment of one spouse by the other for a period of one year or more. To prove desertion, you must show your spouse left the marital home without your consent, with the intent to end the marital relationship, and has refused to return. This is distinct from a no-fault separation divorce. A spouse abandonment lawyer James City County can evaluate the specifics of your situation to determine if you have a valid claim.
Key Steps in a Desertion Divorce Case
Pursuing a desertion divorce involves specific legal procedures in James City County Circuit Court. You must file a Complaint for Divorce alleging desertion as the ground. The deserted spouse must be able to prove the elements of willful departure and the one-year duration. If the abandoning spouse cannot be located, you may need to request service by publication. Having a desertion divorce lawyer James City County guide you through this process is critical to meeting the court’s evidence requirements.
- Consult with a desertion divorce lawyer to review your case facts and the one-year timeline.
- Your attorney will gather evidence of the abandonment, such as witness statements, communication records, or proof of your spouse’s new residence.
- File a Complaint for Divorce based on desertion with the James City County Circuit Court.
- Arrange for formal service of process on your spouse or, if they cannot be found, file a motion for service by publication.
- Proceed to a hearing where your attorney presents evidence to prove the grounds of desertion.
Potential Impact of a Desertion Finding
Successfully proving desertion can influence several aspects of your divorce outcome in Virginia. While Virginia is an equitable distribution state, fault can be a factor the court considers when dividing marital property under Va. Code § 20-107.3. More significantly, desertion can affect spousal support awards. The court may consider the desertion as a factor when determining the need for, duration of, and amount of support. A spouse abandonment lawyer James City County can argue how the abandonment should impact your final settlement.
In James City County, a desertion divorce is a fault-based proceeding that requires proving willful abandonment for one year or more, which can affect property division and spousal support decisions.
Why Choose Our Firm for Your Desertion Divorce
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 complex family law matters. Mr. Sris personally played a role in amending Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving our team deep insight into Virginia divorce law. We understand the sensitive nature of abandonment cases and provide dedicated, case-specific representation.
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 James City County
Our firm has a documented record of handling family law cases in the Williamsburg area. While every case is unique, our approach is thorough and client-focused. We work to protect your interests whether through negotiation or litigation.
Results may vary. Prior results do not guarantee a similar outcome.
For matters involving complex criminal defense or federal issues, our Of Counsel attorney, Mr. Sris, brings decades of experience as a former prosecutor and multi-state litigator.
Contact Our James City County Desertion Divorce Lawyer
Our Richmond location serves clients in James City County, Williamsburg, Norge, Toano, and Lightfoot. We are accessible via I-64 and Route 60.
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 in James City County: Frequently Asked Questions
What is the legal definition of desertion in a Virginia divorce?
Yes. Under Va. Code § 20-91, desertion is the willful abandonment of one spouse by the other for at least one year, with the intent to desert the marriage and without the consent of the other spouse. It is a fault ground for divorce.
How do I prove my spouse deserted me in James City County?
You must provide evidence showing your spouse left the marital home, intended to end the marriage, and has refused to return for over a year. Evidence can include testimony from friends or family, records showing they established a separate residence, or a lack of communication. A desertion divorce lawyer James City County can help gather and present this proof to the court.
Can I get a divorce for abandonment if my spouse left but we still talk?
It depends. Occasional contact or communication does not automatically negate a desertion claim if the essential elements are still met: willful departure, intent to abandon the marital relationship, and absence for one year. The key is the intent to end the marital cohabitation, not all contact. An abandonment divorce grounds lawyer James City County can analyze your specific communications.
Does proving desertion guarantee I will get more property or spousal support?
No. Virginia is an equitable distribution state. While fault, including desertion, is one of the factors a court may consider under Va. Code § 20-107.3, it does not guarantee a specific outcome. The court has broad discretion to divide property fairly and award support based on multiple statutory factors.
What if I cannot find my spouse to serve them with divorce papers?
If your spouse cannot be located after a diligent search, your attorney can file a motion with the James City County Circuit Court for service by publication. This involves publishing a legal notice in a newspaper. The court must approve this method before you can proceed with your desertion divorce case.
For more information, see the James City County Circuit Court website or our Virginia Divorce Lawyer hub page. We also assist with related matters like criminal defense in James City County.