Desertion Divorce Lawyer in Virginia
Desertion is a fault-based ground for divorce in Virginia under Va. Code § 20-91, requiring proof your spouse left you without justification for at least one year. A Desertion Divorce Lawyer Virginia from Law Offices Of SRIS, P.C. can help you document the abandonment and handle the fault-based process. Our firm has handled numerous cases involving spouse abandonment across the state.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
Virginia Desertion Divorce Law
Desertion, also called abandonment, is a fault ground for divorce defined in Virginia Code § 20-91. To prove desertion, you must show your spouse left the marital home without your consent and without justification for a continuous period of at least one year before you file for divorce. The desertion must be willful and deliberate, not a temporary separation or departure for a valid reason like military deployment. A Desertion Divorce Lawyer Virginia can gather evidence like witness statements, financial records showing separate households, and correspondence to prove the one-year period and the intent to abandon the marriage.
- Consult with a Virginia family law attorney to assess if desertion is the appropriate ground for your situation.
- Gather and document all evidence proving the one-year period of abandonment, including dates, communications, and witness accounts.
- File a Complaint for Divorce in the Circuit Court of the county or city where you reside, citing desertion as the ground.
- Serve the divorce papers on your spouse according to Virginia court rules.
- Proceed through the court process, which may involve presenting your evidence of desertion if your spouse contests the divorce.
Penalties and Process for a Desertion Divorce
In Virginia, a desertion divorce is a fault-based proceeding that requires proving a one-year abandonment, which can influence spousal support and asset division outcomes.
| Ground | Legal Standard | Time Requirement | Potential Impact |
|---|---|---|---|
| Desertion / Abandonment | Willful departure without consent or justification | Continuous period of 1 year | May affect spousal support awards and equitable distribution |
Results may vary. Prior results do not guarantee a similar outcome.
Virginia Family Law Experience
Law Offices Of SRIS, P.C., founded in 1997, brings over 120 years of combined legal experience to family law matters across Virginia. Our managing attorney, Mr. Sris, personally played a role in amending Virginia Code § 20-107.3, the state’s equitable distribution statute. This deep legislative involvement gives our firm a nuanced understanding of how fault grounds like desertion can intersect with property division and support decisions in Virginia courts.
Samantha Rae Powers, Associate Attorney at Law Offices Of SRIS, P.C. — Licensed in VA, FL. Experienced family law and civil litigator. View Samantha Rae Powers’s Profile
Case Results
Our firm-wide practice across Virginia, Maryland, New Jersey, New York, and DC has documented 4,739+ case results with a 93%+ favorable outcome rate in family and other legal matters. Mr. Sris, our founder and a former prosecutor, provides strategic oversight on complex cases, including those involving fault-based divorce grounds like spouse abandonment.
Results may vary. Prior results do not guarantee a similar outcome.
Contact a Virginia Desertion Divorce Lawyer
If you are facing a divorce due to spouse abandonment, contact a desertion divorce lawyer Virginia for guidance. Our Fairfax location serves clients statewide. We offer 24/7 phone consultations and meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Virginia Desertion Divorce FAQs
What is considered desertion in a Virginia divorce?
Yes. In Virginia, desertion is the willful abandonment of one spouse by the other without consent or justification for a continuous period of one year or more before filing for divorce, as defined under Va. Code § 20-91.
Can I get a divorce in Virginia if my spouse left me?
Yes, if your spouse left you without justification and you have lived separate and apart for one full year, you can file for a no-fault divorce based on separation. If you wish to file on the fault ground of desertion, you must prove the departure was willful and without your agreement. A spouse abandonment lawyer Virginia can advise on the best legal strategy.
How do I prove desertion in Virginia court?
Proving desertion requires evidence demonstrating your spouse’s intent to abandon the marriage and the continuous one-year period. Evidence can include testimony from friends or family, records showing separate residences, lack of communication or financial support, and any written admissions from your spouse.
What is the difference between desertion and separation in Virginia?
Separation can be mutual or unilateral but is used as a no-fault ground after a statutory time period. Desertion is a fault ground requiring proof of a unjustified, willful abandonment with the intent to end the marital relationship. The distinction can affect the divorce proceedings and outcomes.
Where can I find the official Virginia law on divorce grounds?
You can review the official Virginia statute on divorce grounds, including desertion, on the Virginia General Assembly website for Va. Code § 20-91. For local court procedures, visit the Virginia Judiciary website.
For more information, see our Virginia Family Law hub page. We also assist clients in nearby areas like Henrico County and with related matters such as domestic violence cases.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. for current guidance.