Desertion Divorce Lawyer Virginia, VA
Desertion is a fault‑based ground for divorce under Virginia law. When one spouse willfully abandons the marital relationship for one year or more, the abandoned spouse may file a complaint for divorce on the ground of desertion. Virginia Code § 20‑91(1) recognizes willful desertion as a fault ground and allows the court to dissolve the marriage without the waiting periods that apply to no‑fault separations. Law Offices Of SRIS, P.C., founded in 1997, represents clients in desertion divorce matters throughout Virginia. Mr. Sris and his Of Counsel team bring extensive family law experience to help clients navigate the legal requirements and work toward a resolution that addresses property division, spousal support, and related issues. Virginia follows equitable‑distribution principles, and a proven fault ground such as desertion can influence the court’s determination of spousal support and the division of marital assets. Whether you are considering filing on desertion grounds or have been named as the deserting spouse, understanding the process is essential. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Desertion Divorce Means in Virginia
Under Virginia law, desertion is a specific fault ground for a divorce from the bond of matrimony. The statute, Va. Code § 20‑91, allows a spouse to seek an absolute divorce when the other spouse has willfully deserted or abandoned the marital relationship. To prove desertion, the plaintiff must show three elements: first, that the defendant broke off marital cohabitation; second, that the defendant intended to abandon the marriage permanently; and third, that the desertion continued for a period of at least one year. Desertion does not require a written separation agreement, and it does not depend on whether the parties lived under the same roof during the statutory period—what matters is the cessation of the marital relationship and the intent to abandon it.
Because Virginia is an equitable‑distribution state, a fault ground such as desertion can affect how the circuit court divides marital property and whether it awards spousal support. The thirteen statutory factors for spousal support, including the circumstances and factors that contributed to the dissolution of the marriage, allow the court to consider desertion when deciding whether maintenance is warranted and in what amount. Desertion divorces are heard in the circuit court of the county or city where one of the parties resides, and the complaint must be filed with the clerk of that court. Virginia no longer uses the term “Complaint”—the proper pleading is simply a “Complaint.”
How Mr. Sris and His Of Counsel Handle Desertion Divorce Cases
When a client comes to Law Offices Of SRIS, P.C. regarding a desertion divorce, the process begins with a confidential consultation. During that meeting, we listen to the factual history of the marriage, the evidence of abandonment, and the client’s goals for property division and support. Because desertion can be fact‑intensive, Mr. Sris and his Of Counsel work to gather relevant documentation—correspondence, financial records, witness accounts—that may help establish or refute the claim. We then evaluate the strategic options: whether to plead desertion as the sole ground, combine it with other fault grounds, or pursue a no‑fault separation as an alternative path.
After filing the complaint, the case proceeds through discovery, negotiation, and, if necessary, trial. Mr. Sris and his Of Counsel team collaborate throughout, drawing on decades of courtroom experience and a deep familiarity with Virginia family law procedure. We focus on developing a record that supports the client’s position while staying open to settlement when a negotiated resolution serves the client’s interests. At every stage, we explain the legal standards that apply, the potential impact on equitable distribution and support, and what to expect at court appearances. No attorney can promise a particular result, and outcomes depend on the specific evidence and the judge’s discretion. We work to present the case in a thorough and persuasive manner.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., formed the firm in 1997. A former prosecutor, he has practiced family law across Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), a measure that updated the equitable‑distribution provisions of Va. Code § 20‑107.3. His firsthand insight into how statutes are shaped informs the way the firm approaches divorce litigation and property division. On desertion divorce matters, Mr. Sris is supported by a collective Of Counsel team whose attorneys bring extensive family law and trial experience.
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience. Results may vary. The firm has documented 4,739+ case results across all practice areas since 1997. In any new matter. When you consult Law Offices Of SRIS, P.C., you access a multi‑jurisdiction practice that understands the intersection of fault grounds with Virginia’s equitable‑distribution and spousal‑support laws.
Frequently Asked Questions
What should I do if I am facing a desertion divorce in Virginia?
Consult a Virginia family law attorney as soon as you learn that a desertion‑based divorce may be filed by or against you. Collect and preserve any written correspondence, text messages, emails, and financial documents that show the dates and circumstances of the separation. Do not discuss the case with anyone except your lawyer, because statements you make can later be used as admissions. The one‑year desertion period starts on the date of the last act of desertion, and the timeline for filing can affect strategy. An attorney can help you assess the evidence, the available grounds, and the potential impact on property division and support before you decide how to proceed.
How does desertion differ from separation for divorce in Virginia?
Desertion is a fault ground that requires proof of willful abandonment for one year, while no‑fault separation requires the parties to have lived separate and apart for either one year (if minor children are involved) or six months with a signed separation agreement. A desertion divorce can be filed immediately after the one‑year abandonment period, without waiting for a separation agreement, and it puts the fault of the other spouse directly at issue. The choice between pleading desertion or pursuing a no‑fault divorce can affect spousal support and, in some circumstances, property division. An experienced family law attorney can explain which approach better fits your factual situation.
Can a desertion divorce affect child custody?
The fact that one spouse deserted the marriage is one of many considerations a Virginia court may weigh when deciding custody, but custody is determined under the trusted‑interests‑of‑the‑child standard. Virginia Code § 20‑124.3 lists ten factors the court must consider, including the role each parent has played and will play in the child’s upbringing, the relationship between the child and each parent, and any history of family abuse. A parent’s abandonment of the marriage does not automatically mean that parent is unfit for custody. The court’s concern is the child’s wellbeing, and a former spouse’s desertion is evaluated within the full best‑interests analysis, not in isolation.
Do I need to prove fault to get a divorce in Virginia?
No, fault is not required to obtain a divorce in Virginia; a divorce may be granted on no‑fault grounds after the parties have lived separate and apart for the required period. Virginia permits both fault‑based and no‑fault divorces. If you do not wish to assert fault grounds such as desertion, you may pursue a divorce after a one‑year separation, or after six months if there are no minor children and the parties have signed a separation agreement. Fault grounds, however, can affect spousal support and property division, so the decision to plead fault or rely on a no‑fault ground should be made after evaluating the strategic and financial implications with your attorney.
How long does a desertion divorce take?
The timeline of a desertion divorce varies and depends on factors such as court scheduling, the complexity of the property to be divided, and whether the parties reach an agreement. Once the one‑year desertion period has elapsed, the complaint can be filed, and the case proceeds according to the circuit court’s docket. Cases that settle before trial move faster; contested cases that require multiple hearings and a trial on the merits take longer. There is no statutory deadline for completion. For guidance on what to expect in your particular situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
Will I receive spousal support if I prove desertion?
Proving desertion does not automatically entitle a spouse to spousal support, but it is one of the thirteen factors the court must consider under Virginia Code § 20‑107.1. The court weighs the circumstances that contributed to the dissolution of the marriage, including desertion, along with factors such as the duration of the marriage, the earning capacity of each party, the standard of living during the marriage, and the contributions of each spouse to the family. A finding of fault can influence the amount and duration of support, but the final determination is within the judge’s discretion and based on the entire record. An attorney can present the evidence in a way that gives the court a complete picture of the marriage.
For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
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