Desertion Divorce Lawyer Virginia — What Are Your Grounds for Divorce?
Desertion is a fault-based ground for divorce in Virginia under Va. Code § 20-91. If your spouse has abandoned you for one year or more, you may file for a desertion divorce. A desertion divorce lawyer Virginia from Law Offices Of SRIS, P.C. can help you prove the required elements of willful desertion and build your case.
Virginia Desertion Divorce Law and Definition
In Virginia, desertion is a statutory fault ground for divorce. The law requires you to prove your spouse willfully deserted you and that the abandonment has continued for at least one year without interruption before you file your complaint. This is distinct from a no-fault separation, as it assigns fault to one party, which can impact decisions on spousal support and the division of marital assets. The statute specifically addresses this in the context of ending a marriage.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
Official Legal Resources
For the full text of the law, see Va. Code § 20-91 (official Virginia General Assembly). For court-specific forms and procedures, visit the Virginia Judiciary website for divorce forms.
Proving Desertion in a Virginia Court
Successfully arguing a desertion case requires clear evidence. You must demonstrate your spouse left the marital home without your consent and with the intent to end the marital relationship. The desertion must be willful, continued, and without justification for the full one-year period. Reconciliation attempts or your spouse’s return, even briefly, can interrupt the timeline. A spouse abandonment lawyer Virginia from our firm knows how to gather the necessary proof, which can include testimony from friends, family, or neighbors, records of changed addresses, and evidence of a lack of support.
- Consult a Virginia desertion divorce attorney to review the facts of your case and the one-year timeline.
- Gather evidence of the desertion, including dates, witness contacts, and documentation of your spouse’s absence.
- File a Complaint for Divorce in the appropriate Virginia Circuit Court after the full one-year period has passed.
- Serve the divorce papers on your spouse, which may require a process server if their location is unknown.
- Present your evidence at a hearing to prove the grounds of desertion to the judge.
- Obtain the Final Decree of Divorce if the court finds the grounds are met.
What Desertion Means for Your Divorce Case
In Virginia, a successful desertion claim can influence a judge’s decisions on spousal support and the equitable distribution of property, as fault is a factor the court may consider.
Results may vary. Prior results do not aim for a similar outcome.
Firm Experience in Family Law
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys bring a deep understanding of Virginia divorce law. Mr. Sris personally played a role in amending Va. Code § 20-107.3, Virginia’s equitable distribution statute, giving our firm unique insight into how property division laws are applied, including in fault-based divorces like desertion.
Case Results and Client Focus
Our firm has a documented record of handling complex family law matters across multiple states. While specific results in desertion cases depend on unique facts, our approach is thorough and client-centered. We work to protect your interests regarding asset division and support when fault is established.
Results may vary. Prior results do not aim for a similar outcome.
Virginia Desertion Divorce Lawyer Near You
We serve clients across Virginia. If you need a spouse abandonment lawyer Virginia, our team is accessible. We offer 24/7 phone consultations for your convenience.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Desertion Divorce in Virginia: Frequently Asked Questions
What is the difference between desertion and separation in Virginia?
Yes, there is a major difference. Separation is a no-fault ground requiring living apart for a set time. Desertion is a fault ground where one spouse willfully abandons the other for at least one year without consent or justification, assigning blame for the marriage ending.
How long must the desertion last before I can file for divorce?
It depends on proving the desertion was continuous for one full year. The one-year clock starts on the date your spouse willfully abandoned the marriage and home. Any interruption, like a brief reconciliation, may restart this period.
What if I don’t know where my spouse is to serve them divorce papers?
Virginia law allows for alternative service methods, such as publication in a newspaper, when a spouse’s location is unknown after a diligent search. A desertion divorce lawyer Virginia can guide you through the required steps to obtain court permission for this.
Can desertion affect spousal support in Virginia?
Yes. While Virginia has guidelines, fault grounds like desertion are factors a judge may consider when deciding the amount and duration of spousal support. The abandoned spouse may have a stronger case for receiving support.
Do I need a lawyer for a desertion divorce?
It is highly advisable. Proving the legal elements of willful desertion requires specific evidence and procedural knowledge. An experienced attorney ensures your case is presented correctly to meet the statutory requirements.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
A desertion divorce case is one part of divorce & separation lawyer, and our page on divorce lawyer Virginia covers the wider process.