Desertion Divorce Lawyer in Virginia
Desertion is a fault-based ground for divorce in Virginia under Va. Code § 20-91, requiring proof your spouse willfully deserted you for at least one year. A Desertion Divorce Lawyer Virginia from Law Offices Of SRIS, P.C. can help you prove the required elements and protect your rights to spousal support, equitable distribution, and child custody.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
Virginia Desertion Divorce Law
Virginia law provides several fault-based grounds for divorce, including desertion. To obtain a divorce on the grounds of desertion, you must prove your spouse willfully deserted or abandoned you for a continuous period of at least one year. This is distinct from a no-fault separation divorce. The statute governing divorce grounds, including desertion, is Va. Code § 20-91. The process is filed in your local Circuit Court, such as the Virginia Circuit Court system.
- Consult with a Virginia family law attorney to evaluate if desertion applies to your situation.
- Gather evidence of the desertion, including dates, communications, and witness statements.
- File a Complaint for Divorce in the Circuit Court of the county or city where you reside.
- Serve the divorce papers on your spouse according to Virginia procedural rules.
- Proceed through discovery and potentially a court hearing to prove the grounds.
- Obtain a final divorce decree from the judge if desertion is proven.
What Constitutes Desertion in Virginia?
In Virginia, desertion for divorce requires a willful abandonment, without consent or justification, for one continuous year.
Desertion, also called abandonment, is a serious marital fault. An experienced spouse abandonment lawyer Virginia can explain that the one-year period begins the day the desertion starts. If the spouse returns for even a short time with the intent to reconcile, the clock may reset. The burden of proof is on the spouse filing for divorce.
Results may vary. Prior results do not guarantee a similar outcome.
Virginia Family Law Experience
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings over 120 years of combined legal experience to family law matters. Mr. Sris, our managing attorney, personally played a role in amending Va. Code § 20-107.3, Virginia’s equitable distribution statute. This deep familiarity with the legislative intent behind key laws provides a distinct advantage in complex divorce cases involving property division following a finding of fault like desertion.
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
Our firm has a documented record of favorable outcomes in family law cases across Virginia, Maryland, New Jersey, New York, and Washington D.C. We have achieved positive resolutions in numerous divorce matters. Mr. Sris, our founder, provides strategic oversight on complex cases, leveraging his experience as a former prosecutor and his unique background in accounting and information systems for financial aspects of divorce.
Results may vary. Prior results do not guarantee a similar outcome.
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. 24/7 phone consultations.
Virginia Desertion Divorce FAQs
What are the grounds for divorce in Virginia?
No-fault: 6-month separation (no minor children + signed agreement) or 1-year separation. Fault grounds: adultery (no waiting period), cruelty, desertion (1 year), felony conviction (1+ year imprisonment). Filed at Fairfax County Circuit Court. Circuit Court filing fee for divorce complaint: approximately $86; sheriff service of process: approximately $12; private process server: $50-$100; pendente lite motion: additional court costs; Guardian ad Litem for custody: typically $500-$2,500+; mediation: $100-$300/hour per party
How long must desertion last for a Virginia divorce?
One continuous year. The period starts the day the willful abandonment begins. If the deserting spouse returns and cohabits, even briefly, with intent to reconcile, the one-year period resets. You must prove the desertion was without your consent and without justification.
Does desertion affect spousal support in Virginia?
Yes. Virginia courts consider marital fault, including desertion, when determining spousal support (alimony) under Va. Code § 20-107.1. A finding of desertion can significantly impact the amount and duration of support awarded, potentially favoring the deserted spouse.
Can I get a divorce if my spouse joined the military and left?
It depends. Military service alone is not desertion. If the service member’s absence is due to active duty orders, it is likely justified. However, if the spouse willfully abandons the marriage outside of military obligations, desertion may apply. An abandonment divorce grounds lawyer Virginia can analyze the specific facts.
What evidence proves desertion?
Evidence includes proof of separate residences (leases, bills), lack of communication, witness testimony about the abandonment, and any written statements or admissions from the deserting spouse. Documentation showing the date the spouse left is crucial.
For guidance on a desertion divorce, contact a Desertion Divorce Lawyer Virginia at Law Offices Of SRIS, P.C. We offer 24/7 phone consultations. Virginia Family Law Lawyer. For related services, see Divorce Lawyer Henrico VA or Reckless Driving Lawyer Richmond City VA.
Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. for current guidance.