Desertion Divorce Lawyer in Fairfax, Virginia
Desertion is a fault-based ground for divorce in Virginia under Va. Code § 20-91. If your spouse has deserted you for one year or more, you may file for a desertion divorce. A desertion divorce lawyer Fairfax VA from Law Offices Of SRIS, P.C.
Last verified: April 2026 | Fairfax City General District Court | Virginia General Assembly
Virginia Desertion Divorce Law
Virginia law defines desertion as the voluntary separation of one spouse from the other with the intent to remain apart, without justification or consent, for a continuous period of at least one year. This is a fault ground for divorce under Va. Code § 20-91(6). Unlike a no-fault divorce based on separation, a desertion divorce does not require a waiting period after filing if you can prove the one-year desertion has already occurred. The burden of proof is on the spouse filing for divorce to demonstrate the other spouse left without cause and with the intent to abandon the marriage.
For a successful desertion divorce filing, you must show: (1) the deserting spouse left the marital home voluntarily; (2) they intended to end the marital relationship; (3) the separation has continued for one full year without interruption; and (4) you did not consent to the separation or give justification for it. Proving intent can be complex, often requiring evidence like changed communication patterns, establishing a separate residence, or statements of intent.
- Consult with a desertion divorce lawyer Fairfax VA to evaluate your case and evidence.
- Your attorney will help gather proof of desertion duration and intent (e.g., correspondence, witness statements).
- File a Complaint for Divorce citing desertion as the ground in Fairfax City Circuit Court.
- Serve the divorce papers on your spouse through a sheriff or process server.
- Present your evidence of desertion at a court hearing if the case is contested.
- Obtain a final divorce decree from the judge if desertion is proven.
Penalties and Process for Desertion Divorce
In Fairfax City, a desertion divorce can resolve all marital issues, including property division, spousal support, and child-related matters, based on the proven fault.
| Ground | Legal Standard | Time Requirement | Key Consideration |
|---|---|---|---|
| Desertion | Voluntary separation with intent to abandon | 1 continuous year | Plaintiff must prove lack of consent/justification |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Virginia Family Law
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings over 120 years of combined legal experience to every case. Mr. Sris, our managing attorney, personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating deep involvement in the state’s family law framework. We have handled 4,739+ documented case results firm-wide. Our approach to desertion cases involves meticulous evidence gathering and strategic presentation in court.
Our team includes Mr. Sris, a former prosecutor and firm founder with a background in accounting and information systems, which provides an advantage in cases involving complex financial analysis. He keeps his personal caseload small to ensure deep involvement in each matter.
Case Results in Fairfax
SRIS actively practices in Fairfax City. Firm-wide, SRIS has handled 4,739+ documented case results with over 93% favorable outcomes. Our experience includes successfully proving fault grounds like desertion to achieve favorable settlements and judgments for our clients.
Results may vary. Prior results do not aim for a similar outcome.
Desertion Divorce Lawyer Near Fairfax City
Our Fairfax location serves clients at the Fairfax City courts. We are accessible via Route 236 (Main Street), Route 50, Route 29, and I-66. We serve the Fairfax community. 24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (703) 636-5417 — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
By appointment only.
Desertion Divorce FAQs
What is considered desertion in a Virginia divorce?
It depends. Desertion requires a spouse to voluntarily leave the marital home with the intent to abandon the marriage, without the other spouse’s consent or a justified reason, for a continuous period of one year. Simply living apart with agreement is not desertion.
How long do you have to be separated for a desertion divorce in Virginia?
One year. The desertion must be continuous and uninterrupted for a full year before you can file for divorce on this ground. The clock starts from the date the spouse left with intent to abandon.
Can I get a divorce for desertion if my spouse left but we still talk?
It depends. Occasional communication does not necessarily negate desertion if the essential marital relationship has ended and cohabitation has ceased. The key is proving the intent to abandon the marriage, not just physical absence.
What is the difference between desertion and no-fault separation?
Desertion is a fault ground where one spouse leaves against the other’s will. A no-fault divorce based on separation can be mutual or unilateral but requires a specific waiting period (6 months or 1 year) after signing a separation agreement or separating.
Do I need a lawyer for a desertion divorce?
Yes. Proving desertion requires specific evidence of intent and duration. A divorce attorney can gather necessary documentation, handle court procedures, and present a compelling case, which is crucial for a successful divorce filing.
For more information on Virginia divorce law, visit the Virginia Code and the Virginia Courts website.
See our Virginia Family Law Lawyer hub page. For help in nearby areas, consult a divorce lawyer in Fairfax County or a divorce lawyer in Falls Church. In Fairfax City, we also assist with criminal defense and DUI defense.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.