Desertion Divorce Lawyer King George County — What Are Your Options?
Desertion is a fault-based ground for divorce under Virginia law, specifically Va. Code § 20-91(6). If your spouse has abandoned you for one year or more without justification, you may file for a desertion divorce in King George County. A desertion divorce lawyer King George County from Law Offices Of SRIS, P.C.
Virginia Desertion Divorce Law and Grounds
Last verified: April 2026 | King George County Circuit Court | Virginia General Assembly
Desertion is defined in Virginia Code § 20-91(6) as the “willful desertion or abandonment” of one spouse by the other for a period of one year or more. Unlike a no-fault divorce based on separation, a desertion divorce is a fault ground. This means you must prove your spouse left the marital home without your consent and without a valid reason, with the intent to end the marital relationship. The one-year period must be continuous and uninterrupted. Proving desertion can impact the court’s decisions on spousal support and the equitable distribution of marital property. Mr. Sris, founder of our firm, personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving our team deep insight into how fault can influence property division.
Official Legal Resources
For the full text of the statute, see Va. Code § 20-91 (official Virginia General Assembly). All desertion divorce cases in King George County are filed at the King George County Circuit Court.
Proving Desertion in King George County Circuit Court
Successfully proving desertion requires specific evidence. The abandoning spouse must have left without the consent of the other spouse and without a sufficient cause. The desertion must be willful and continuous for the full statutory period. In King George County Circuit Court, you will need to present evidence such as testimony about the date of departure, lack of communication, and the absence of any marital relationship. The court will also consider whether you made any efforts to reconcile that were rejected. A spouse abandonment lawyer King George County can gather the necessary documentation, including witness statements, financial records showing separate households, and communication logs, to build a strong case.
- Consult with a desertion divorce attorney to evaluate the strength of your case and the one-year timeline.
- Gather all evidence of the abandonment, including dates, witness contacts, and records of separate residences.
- File a Complaint for Divorce on the grounds of desertion with the King George County Circuit Court clerk.
- Serve the complaint on your spouse according to Virginia law, which may require a sheriff or process server.
- Prepare for and attend court hearings, where you will present your evidence to prove the desertion.
- Obtain the final divorce decree from the judge, which will also address related issues like property division and support.
Potential Outcomes and Considerations
In King George County, a successful desertion divorce can affect spousal support awards and the division of marital assets under the equitable distribution factors.
While the primary goal is to obtain a divorce, proving fault through desertion can have other legal consequences. The court may consider the desertion when determining spousal support, potentially awarding more to the abandoned spouse. It can also be a factor in the equitable distribution of property, as the court examines the causes for the dissolution of the marriage. However, child custody and support decisions are based on the best interests of the child, not fault.
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Desertion Divorce Case
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide track record includes over 4,739 case results. For family law matters, our team includes Samantha Powers, who focuses on Virginia divorce and family law. Mr. Sris provides strategic oversight, drawing on his unique experience of having personally amended Virginia’s key equitable distribution statute, Va. Code § 20-107.3. This gives us a significant understanding of how fault grounds like desertion intersect with property division law.
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
Documented Case Results in King George County
Our firm has a documented record of favorable outcomes for clients in King George County courts across various practice areas. While specific divorce results are confidential, our overall approach emphasizes thorough preparation and assertive advocacy. We understand the local court procedures and work diligently to achieve the best possible resolution for our clients.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our King George County Desertion Divorce Lawyers
Our Fairfax location serves clients in King George County. We are accessible via Route 3 and Route 301. We serve the communities of King George and Dahlgren.
Desertion divorce lawyer near King George County Courthouse. 24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Desertion Divorce in King George County: FAQs
What is considered desertion for divorce in Virginia?
Yes. Desertion is the willful abandonment of one spouse by the other for one continuous year or more without consent or justification, as defined in Va. Code § 20-91(6). You must prove your spouse left with the intent to end the marriage.
How long do you have to be separated for a no-fault divorce vs. a desertion divorce?
It depends. A no-fault divorce requires a 6-month separation (with a signed agreement and no minor children) or a 1-year separation. A desertion divorce requires proving a one-year abandonment, but it is a fault ground, which can affect other aspects of the case like spousal support.
Can I get a divorce for abandonment if my spouse left but we still talk?
It depends. Occasional communication may not break the desertion if the core marital relationship has ended and cohabitation has not resumed. However, consistent reconciliation attempts or ongoing financial support can complicate proving the required intent to desert. A spouse abandonment lawyer King George County can analyze your specific situation.
What if my spouse claims I deserted them?
If your spouse files for a desertion divorce against you, you have the right to defend against the claim. You can argue you had justification for leaving (like constructive desertion due to cruelty) or that you did not willfully abandon the marriage. An attorney can help you present your defense in King George County Circuit Court.
How does proving desertion affect my divorce?
Proving desertion, a fault ground, can influence the judge’s decisions on spousal support and the equitable division of marital property under Va. Code § 20-107.3. The court may award more support to the abandoned spouse or consider the desertion as a factor in dividing assets.
Related Legal Help in King George County
If you are dealing with a family law issue in King George County, you may also need information on other matters. For criminal charges, see our King George County criminal defense lawyer page. For broader Virginia family law resources, visit our Virginia divorce and family law hub. For help in a neighboring area, consider our Prince William County family law attorney.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.