Desertion Divorce Lawyer New Kent County — What Are Your Grounds?
Desertion is a fault-based ground for divorce under Virginia Code § 20-91, requiring proof your spouse willfully abandoned you for at least one year. A Desertion Divorce Lawyer New Kent County from Law Offices Of SRIS, P.C. can help you prove this ground at the New Kent County Circuit Court. We have documented case results in the area. Call (888) 437-7747 for a consultation.
Virginia Law on Desertion as a Ground for Divorce
In Virginia, desertion is a statutory fault ground for divorce. To succeed on this ground, you must prove your spouse willfully deserted or abandoned you, without justification, for a continuous period of at least one year. The one-year period must be complete before you file the divorce complaint. The New Kent County Circuit Court requires clear evidence of intent to end the marital relationship.
Last verified: April 2026 | New Kent County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the statute, see Virginia Code § 20-91 (official Virginia General Assembly). For court forms and procedures, visit the New Kent County Courts website.
Proving Desertion in New Kent County Circuit Court
Proving desertion requires more than just physical separation. You must show your spouse intended to end the marriage. In New Kent County Circuit Court, evidence can include testimony about refusal to return, lack of communication, and failure to provide support. A spouse abandonment lawyer New Kent County can gather necessary proof like witness statements, financial records, and correspondence.
- Consult with a Desertion Divorce Lawyer New Kent County to evaluate your case.
- Gather evidence proving the willful abandonment and one-year duration.
- File a Complaint for Divorce citing desertion in New Kent County Circuit Court.
- Serve the complaint on your spouse and proceed through the court process.
Potential Outcomes in a Desertion Divorce
In New Kent County, a desertion divorce can impact spousal support and equitable distribution, as fault may be considered by the court.
| Aspect | Consideration |
|---|---|
| Grounds Established | Fault-based divorce finalized. |
| Spousal Support | Desertion may be a factor under Va. Code § 20-107.1. |
| Property Division | Equitable distribution under Va. Code § 20-107.3 applies. |
| Legal Costs | Contested fault divorces often involve higher costs. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Desertion Divorce Case
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys have extensive experience in Virginia family law. Mr. Sris personally played a role in amending Virginia’s equitable distribution statute, Va. Code § 20-107.3. We understand the nuances of proving fault grounds like desertion in local courts.
Case Results and Client Focus
Our firm has a documented record of favorable outcomes in family law matters. We focus on providing clear legal strategies for complex situations like proving abandonment. Mr. Sris, our founder, brings additional depth as a former prosecutor with a background in financial systems, which is valuable in divorce cases involving asset analysis.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our New Kent County Desertion Divorce Lawyer
Our Richmond location serves clients in New Kent County. We are accessible via I-64 and Route 33.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr, Ste 300, Rm 395
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009 | Local: (804) 201-9009
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only. We serve New Kent, Providence Forge, and Quinton.
Frequently Asked Questions: Desertion Divorce in New Kent County
What is considered desertion in a Virginia divorce?
Yes. Desertion is the willful abandonment of one spouse by the other for at least one year without justification or consent, as defined under Va. Code § 20-91. Proof of intent to end the marriage is required.
How long must desertion last before I can file for divorce in Virginia?
One year. The continuous period of desertion must be at least one full year and must be complete before you file your Complaint for Divorce in the New Kent County Circuit Court.
Can a spouse abandonment lawyer New Kent County help if my spouse left but we still talk?
It depends. Occasional contact does not automatically negate desertion if the core elements—willful abandonment and intent to end marital cohabitation—are still present. An attorney can analyze your specific communications.
Does proving desertion affect property division or support?
It can. While Virginia is an equitable distribution state, fault grounds like desertion may be considered by the court when determining spousal support awards under the factors in Va. Code § 20-107.1.
What evidence do I need to prove desertion?
Evidence can include witness testimony about the departure, records showing lack of cohabitation (like separate leases), proof of ceased financial support, and communications indicating an intent not to return.
For more information, see our Virginia Family Law overview. We also assist with related matters like criminal defense in New Kent County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.