Desertion Divorce Lawyer Henrico County — What Are Your Rights?
If your spouse has abandoned you, you may have grounds for a desertion divorce in Henrico County under Va. Code § 20-91. A desertion divorce lawyer Henrico County from Law Offices Of SRIS, P.C. can help you prove the required one-year separation and protect your financial rights. Our firm has 21 documented case results in Henrico County. Call (888) 437-7747 for a 24/7 consultation.
Virginia Desertion Divorce Law
In Virginia, desertion is a fault-based ground for divorce. To file for a desertion divorce, you must prove your spouse willfully deserted you and that the desertion has continued for at least one year without interruption before you file your complaint. The desertion must be against your wishes and without justification. This is distinct from a no-fault separation divorce. The statute governing divorce grounds, including desertion, is Va. Code § 20-91.
Last verified: April 2026 | Henrico County Circuit Court | Virginia General Assembly
Official Legal Resources
For the official text of Virginia’s divorce laws, refer to the Virginia Code Title 20, Chapter 6. All Henrico County desertion divorce cases are filed with the Henrico County Circuit Court.
Proving Desertion in Henrico County Court
Successfully proving desertion in Henrico County Circuit Court requires specific evidence. The court needs clear proof of an unbroken one-year period of separation initiated by your spouse against your will. In this court, judges scrutinize the intent behind the departure. Corroborating witnesses, such as family members or friends who can attest to the circumstances of the abandonment and your non-consent, are often critical. Documentation like dated letters, emails, or text messages showing your attempts to reconcile can also be powerful evidence.
- Gather Evidence: Collect all communication records, witness contact information, and documentation proving the date of departure and your non-consent.
- File a Complaint: Your attorney will draft and file a Complaint for Divorce based on desertion with the Henrico County Circuit Court clerk.
- Serve Your Spouse: The complaint must be legally served on your spouse, often requiring a sheriff or process server if their location is known.
- Prove Your Case: If your spouse contests the divorce, you will present your evidence of desertion at a hearing before a judge.
- Obtain the Decree: If the judge finds desertion is proven, they will enter a final divorce decree addressing all related issues.
Potential Outcomes in a Desertion Case
In Henrico County, a successful desertion divorce can impact spousal support and property division, as fault may be considered by the court under Va. Code § 20-107.1.
| Aspect | Consideration |
|---|---|
| Spousal Support | The deserting spouse’s fault may be a factor the court considers when determining if support is awarded and in what amount. |
| Property Division | Virginia is an equitable distribution state. Fault generally does not affect property division, but the circumstances of desertion might influence the court’s view of what is “equitable.” |
| Custody & Support | Desertion itself does not automatically determine custody or child support, which are based on the child’s best interests and statutory guidelines. |
| Legal Costs | Contested fault divorces like desertion cases often involve more litigation, potentially increasing overall legal fees and court costs. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Desertion Divorce
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined attorney experience to complex family law matters. Our deep understanding of Virginia divorce law is underscored by Mr. Sris’s personal work amending the state’s equitable distribution statute, Va. Code § 20-107.3. We approach each desertion case with a strategic focus on evidence collection and persuasive courtroom presentation to protect your rights.
Documented Case Results
Law Offices Of SRIS, P.C. has 21 total documented case results across all practice areas in Henrico County. Our firm-wide track record includes over 4,739 case results with a favorable outcome rate exceeding 93%.
Results may vary. Prior results do not aim for a similar outcome.
Local Henrico County Representation
Our Richmond location serves clients with desertion divorce matters in Henrico County. We are familiar with the procedures at the Henrico County Circuit Court located at 4301 East Parham Road. We represent clients from Glen Allen, Short Pump, Innsbrook, Tuckahoe, Highland Springs, and Mechanicsville. For a desertion divorce lawyer Henrico County near you, contact us for a consultation.
Law Offices Of SRIS, P.C.
Richmond Location — 7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804) 609-1889
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Desertion Divorce FAQs for Henrico County
What qualifies as desertion for divorce in Virginia?
Yes. Desertion requires a willful abandonment by one spouse, against the other’s wishes, for a continuous period of one year without cohabitation and without justification before filing.
How long do I have to wait to file for a desertion divorce?
One year. The one-year period of continuous desertion must be completed before you file your Complaint for Divorce with the Henrico County Circuit Court. The clock starts on the date your spouse left.
Can I get a divorce if I don’t know where my spouse is?
It depends. You can still file for divorce based on desertion. Virginia law allows for alternative service methods (like publication in a newspaper) if your spouse’s location is unknown after a diligent search. A spouse abandonment lawyer Henrico County can guide you through this process.
Does desertion affect child custody decisions?
It can. While custody is determined by the child’s best interests under Va. Code § 20-124.3, a history of abandonment may be considered by the Henrico County J&DR Court as a factor regarding a parent’s stability and commitment.
What is the difference between desertion and no-fault separation?
The key difference is fault and consent. A no-fault separation requires mutual agreement to live apart for the statutory period (6 months or 1 year). Desertion is a fault ground where one spouse leaves against the other’s will, which can impact issues like spousal support.
Related Legal Resources
If you are dealing with abandonment divorce grounds lawyer Henrico County issues, our firm can help. We also assist with related family law matters in the area. Learn more about Virginia family law, or see how we help clients in neighboring areas like Chesterfield County. For other legal needs in Henrico, consider our criminal defense services.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.