Desertion Divorce Lawyer Prince William County, VA
Your spouse walked out a year ago. You have not heard from them since. The bills are piling up, and you want to move on. You have heard that Virginia allows divorce on the ground of desertion, but you are not sure what that means or how to start. A desertion divorce is one of the fault-based grounds available in Virginia, and it can affect how property is divided and whether spousal support is awarded. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. represent spouses in Prince William County who are pursuing a divorce based on willful desertion. Our firm has practiced family law in Virginia since 1997, and we can help you prepare the Complaint and present your case to the Prince William County Circuit Court. Reach our location at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
How We Approach Desertion Divorce Cases
When you allege desertion as the ground for your divorce, you are telling the court that your spouse left the marriage without justification and without your consent, and that they have been gone for at least one year. The statute is clear: “willful desertion or abandonment for one year” is a fault ground under Va. Code § 20-91, and the one‑year period must have run before you file. Source: Virginia Code, Va. Code § 20-91. Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY. Because desertion is a fault ground, there is no additional waiting period after you file — you can ask the court to grant the divorce as soon as the case is heard, if you prove the desertion.
Our first step is to listen. We ask you to describe the timeline: when your spouse left, whether there was any communication, whether you know their current location, and whether you have any witnesses or documents that corroborate the abandonment. Virginia law requires at least one corroborating witness for an uncontested divorce hearing, so we will help you identify and prepare that witness. If your spouse has not been served and their whereabouts are unknown, we can discuss alternative methods of service, such as service by publication, that the Prince William County Circuit Court may permit.
What to Expect in Prince William County
In Prince William County, all divorce cases — including those based on desertion — are heard in the Prince William County Circuit Court at 9311 Lee Avenue, Suite 230, Manassas, VA 20110. The Juvenile and Domestic Relations Court may handle standalone custody and support matters, but the divorce itself is filed in the Circuit Court.
The process begins when we file a Complaint for Divorce on your behalf. If your spouse is cooperative and signs a waiver of service, the case can move forward without the need for a process server. If they contest the divorce, the court will schedule a hearing where we present evidence of the desertion. We attend every hearing with you and handle every procedural step, from filing through the entry of a final decree. The timeline depends on court scheduling and whether the case is contested, but an uncontested desertion case can typically be completed within a few months after the Complaint is filed.
How Desertion Can Affect Your Case
In Virginia, the ground for divorce can influence equitable distribution of marital property and spousal support. When desertion is proven, the court may consider it as a factor when determining a fair division of assets and debts. A spouse who deserted the marriage may find it harder to obtain spousal support, and the court may weigh the conduct of the parties when deciding whether to award support and how much.
That said, every case is different. The judge will look at the entire picture: how long the marriage lasted, each spouse’s financial circumstances, and whether the desertion had a lasting impact on the family’s finances. Mr. Sris and his Of Counsel team present a clear, fact-based argument that links the desertion to the economic consequences you have suffered.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997 after serving as a former prosecutor. His trial experience gives him insight into how evidence is evaluated and how to construct a persuasive case. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
Mr. Sris is supported by a team of Of Counsel attorneys who each bring substantial experience in family law. Collectively, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience, and the firm has achieved 4,739+ documented firm-wide results. Results may vary. When you retain our firm, your matter receives focused attention from an experienced legal team that understands how Virginia courts handle desertion divorces.
Frequently Asked Questions
What is desertion in a Virginia divorce?
Desertion means one spouse voluntarily left the marital home without the other’s consent and without justification. Under Virginia law, the leaving must be willful and continue for at least one year before you can file for divorce on this ground. Temporary separations, military deployments, or business travel do not count as desertion. The spouse who left must have intended to end the marriage and not returned.
Do I need a lawyer to file for a desertion divorce in Prince William County?
You are not legally required to have a lawyer, but a fault‑based divorce involves specific evidence rules and court procedures that are easier to navigate with an attorney. You must prove the desertion, often with testimony from a corroborating witness. Mistakes in drafting the Complaint or presenting evidence can delay your case or cause the court to deny the divorce. Our firm handles every filing and hearing so you do not have to manage the legal process alone.
How does the court prove desertion?
The court considers witness testimony, written communications, and any other evidence that shows your spouse left the home voluntarily and stayed away for a full year. You and a corroborating witness typically testify about the date of departure, the absence of contact, and the spouse’s failure to return. The judge looks for evidence that the desertion was willful and not caused by your misconduct.
Can I convert my no‑fault divorce to a desertion divorce?
Yes, if the facts support it. If you initially filed for divorce based on a one‑year separation but later discover evidence of desertion, you may be able to amend your Complaint to add desertion as a ground. The advantage is that desertion, as a fault ground, can affect property division and spousal support in your favor. Discuss the possibility with your lawyer.
Is desertion the same as abandonment in Virginia?
Desertion and abandonment are used interchangeably in Virginia divorce law. Both refer to the same statutory ground — willful desertion or abandonment for one year. The law requires that the spouse who left had no intention of returning and did so without being provoked by cruelty or other fault by the other spouse.
What should I bring to my consultation with your firm?
Bring any documents that show the date your spouse left, proof of your marriage, and contact information for any witnesses who can testify to the desertion. This includes text messages, emails, letters, or notes. If your spouse moved out and left belongings behind, note those details. The more information we have, the sooner we can assess your case and explain your options. To schedule a consultation, call (888) 437-7747.
Reach Our Fairfax Location
Mr. Sris and his Of Counsel team meet clients by appointment at our Fairfax Location: 4008 Williamsburg Court, Fairfax, VA 22032. We also appear regularly at the Prince William County Courthouse. To request a consultation, call (888) 437-7747 or contact us through our website. We serve families throughout Prince William County, including Manassas, Woodbridge, Dale City, Dumfries, Gainesville, Haymarket, Lake Ridge, and Occoquan.
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