Desertion Divorce Lawyer in Roanoke County, Virginia
Desertion is a fault-based ground for divorce in Virginia under Va. Code § 20-91, requiring proof of a one-year continuous absence. A Desertion Divorce Lawyer Roanoke VA from Law Offices Of SRIS, P.C. provides full divorce representation to handle this complex filing. Our firm has 34 documented case results in Roanoke County with a 94% favorable outcome rate.
Virginia Desertion Divorce Law
In Virginia, desertion is a statutory fault ground for marriage dissolution. To prove desertion, you must show your spouse willfully deserted or abandoned you and that the desertion has continued for at least one year without interruption before you file for divorce. The statute requires the desertion be against your wishes and without justification. This differs from a no-fault separation, as it can impact issues like spousal support and equitable distribution. A skilled divorce attorney can advise if a fault-based claim is strategically advantageous for your case.
Last verified: April 2026 | Roanoke County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the law, see the official Va. Code § 20-91 (Virginia General Assembly). All divorce filings for Roanoke County are processed through the Roanoke County General District Court.
Handling a Desertion Divorce Case in Roanoke County
Proving desertion requires specific evidence and adherence to court procedure. You must file a Complaint for Divorce in the Roanoke County Circuit Court, specifically alleging desertion as the ground. The court will require corroborating evidence of the one-year period of abandonment. A marriage dissolution lawyer with experience in fault-based divorces is critical for gathering the necessary proof and presenting a compelling case.
- Consult with a Desertion Divorce Lawyer: Discuss the facts of your case, the one-year timeline, and whether fault-based divorce is your best option.
- Gather Evidence: Collect documents, communications, and witness statements that prove the willful abandonment and its start date.
- File the Complaint: Your attorney will prepare and file the divorce complaint citing desertion under Va. Code § 20-91 with the Roanoke County Circuit Court.
- Serve Your Spouse: The complaint must be legally served on your spouse, who then has time to file an answer.
- Proceed to Hearing or Trial: If the desertion claim is uncontested, a hearing can finalize the divorce. If contested, your lawyer will prepare for trial to prove the grounds.
Potential Outcomes in a Desertion Divorce
In Roanoke County, a successful desertion divorce results in the termination of the marriage and can influence financial settlements, unlike a pure no-fault proceeding.
Case Results and Firm Authority
Law Offices Of SRIS, P.C. brings substantial experience to desertion divorce cases. Founded in 1997, our firm has over 120 years of combined attorney experience. In Roanoke County, we have 34 total documented case results across all practice areas with a 94% favorable outcome rate. Our founder, Mr. Sris, personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), demonstrating deep involvement in Virginia family law at the legislative level.
Results may vary. Prior results do not aim for a similar outcome.
Local Representation for Roanoke County Residents
Our Shenandoah/Woodstock location serves clients with matters at the Roanoke County courts. We are a trusted desertion divorce lawyer near Salem, Vinton, and Cave Spring. We offer 24/7 phone consultations and meetings by appointment only to discuss your divorce filing.
Law Offices Of SRIS, P.C.
Shenandoah/Woodstock Location
505 N Main St, Suite 103
Woodstock, VA 22664
Toll-Free: (888) 437-7747
By appointment only.
Desertion Divorce FAQs
What is considered desertion in a Virginia divorce?
It depends. Desertion requires a willful abandonment of one spouse by the other for a continuous period of one year, against the wishes of the spouse left behind and without justification. Simply living apart by mutual agreement is not desertion.
How long do you have to be separated for a desertion divorce in VA?
One year. The desertion—the willful abandonment—must be continuous and uninterrupted for a full year before you can file for divorce on this ground. This is distinct from a no-fault separation period.
Can desertion affect alimony or property division?
Yes. Because desertion is a fault ground, a judge may consider it when determining spousal support (alimony) under Va. Code § 20-107.1. It can also be a factor in equitable distribution, potentially influencing how marital property is divided.
What evidence is needed to prove desertion?
Evidence can include witness testimony about the departure, written communication showing the abandonment was against your wishes, proof of separate residences for the year, and documentation showing you did not consent to the separation.
Should I file for a no-fault or desertion divorce?
It depends on your specific situation. A no-fault divorce based on separation is often simpler. A desertion divorce may be strategically beneficial if fault impacts support or property issues. A divorce attorney can evaluate the best path for your goals.
Related Practice Areas: For other legal needs, see our Roanoke County criminal defense lawyer or Roanoke County DUI lawyer pages.
More Local Help: We also assist clients in nearby areas like Shenandoah County and Frederick County.
Statewide Information: Learn more about our Virginia family law practice.