Desertion Divorce Lawyer Virginia Beach — What Are Your Fault Grounds?
Desertion is a fault ground for divorce under Virginia law, requiring proof your spouse willfully deserted you for at least one year. A desertion divorce lawyer Virginia Beach from Law Offices Of SRIS, P.C. can help you handle this complex fault-based process. We have documented case results in Virginia Beach. Call (888) 437-7747 for a consultation by appointment.
Statutory Definition of Desertion in Virginia
In Virginia, desertion is a statutory fault ground for divorce defined under Va. Code § 20-91. It requires proving 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. This is distinct from a no-fault separation. Willful desertion means the leaving was intentional, without your consent, and without justification. The one-year period is a strict requirement; if your spouse returns and cohabitation resumes, the clock resets. Understanding these legal specifics is critical for building your case in Virginia Beach Circuit Court.
Last verified: April 2026 | Virginia Beach General District Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia’s divorce statutes, refer to the official Va. Code Title 20, Chapter 6 (official Virginia General Assembly). For local court procedures, visit the Virginia Beach Circuit Court website.
Procedural Edge for a Desertion Case in Virginia Beach
Successfully proving desertion in Virginia Beach requires meticulous evidence gathering and strategic filing. The court needs clear proof of the intent to desert and the uninterrupted one-year period. Corroborating witnesses, documentation of the departure date, and evidence refuting any claim of justification are key.
- Gather Evidence: Collect all proof of the desertion date (e.g., dated communications, witness statements, proof of change of address) and evidence showing the absence was willful and without your agreement.
- Document the Year: Maintain a record demonstrating no reconciliation or cohabitation during the entire one-year period. Any resumption of marital relations restarts the clock.
- File the Complaint: Your attorney will draft and file a Complaint for Divorce in Virginia Beach Circuit Court, specifically alleging desertion as the ground under Va. Code § 20-91(6).
- Serve Your Spouse: Ensure proper legal service of the divorce papers. If your spouse’s whereabouts are unknown, your lawyer can pursue service by publication after a diligent search.
- Present Your Case: Be prepared to present your evidence at a hearing to prove the elements of desertion if your spouse contests the divorce.
Potential Outcomes in a Desertion Divorce
In Virginia Beach, a desertion divorce can impact the court’s decisions on spousal support and equitable distribution, as fault can be a factor considered by the judge.
While Virginia is an equitable distribution state, proving fault grounds like desertion can influence the court’s discretion in several areas:
- Spousal Support: A judge may consider desertion as a factor when awarding spousal support, potentially awarding more to the deserted spouse.
- Equitable Distribution: Fault is one of many factors under Va. Code § 20-107.3 that a court may consider when dividing marital property, though its weight varies.
- Legal Costs: In some cases, the court may order the deserting spouse to contribute to the other spouse’s attorney’s fees.
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Virginia Beach Family Law Team
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to complex family law matters. Mr. Sris personally played a role in amending Virginia’s key equitable distribution statute, Va. Code § 20-107.3, giving our team deep, firsthand knowledge of the law’s intent and application. We understand the emotional and procedural challenges of a fault-based divorce like desertion.
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 and Client Focus
Our firm has a documented record of favorable outcomes. In Virginia Beach, we have achieved positive results for clients across various practice areas. For instance, our team has successfully handled cases involving complex fault grounds and property division. Mr. Sris, our managing attorney and a former prosecutor with multi-state bar admissions, provides strategic oversight on all family law matters, ensuring each case benefits from high-level experience.
Results may vary. Prior results do not guarantee a similar outcome.
Local Representation for Virginia Beach Residents
Our Richmond location serves clients in Virginia Beach and the surrounding Hampton Roads area. We are familiar with the Virginia Beach Circuit Court at 2425 Nimmo Parkway. If you need a spouse abandonment lawyer Virginia Beach residents trust, our team is accessible. We serve neighborhoods including Virginia Beach, Sandbridge, and Oceana.
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Desertion Divorce in Virginia Beach: FAQs
What is the legal definition of desertion for divorce in Virginia?
Yes. Under Va. Code § 20-91, desertion is the willful abandonment of one spouse by the other, without consent and without justification, which continues for at least one year before filing for divorce.
Can I get a divorce for abandonment if my spouse left less than a year ago?
No. You must wait until the one-year desertion period is complete before you can file for divorce on that specific ground. You may explore other potential fault grounds or consider a no-fault divorce based on separation once eligible.
How do I prove my spouse abandoned me?
It depends. Proof typically requires evidence of the intent to desert and the continuous one-year period. This can include testimony from witnesses who know about the departure, dated communications, proof your spouse established a separate residence, and documentation showing no reconciliation.
Does proving desertion guarantee I will get more in the divorce?
No. Proving desertion establishes fault, which the judge may consider as one factor among many when deciding spousal support or property division. It does not guarantee a specific financial outcome, but it can influence the court’s discretion.
What if I cannot find my spouse to serve divorce papers?
Your abandonment divorce grounds lawyer Virginia Beach can file a motion for service by publication after conducting a diligent search. This involves publishing a legal notice in a newspaper, which the court can accept as proper service if personal service is impossible.
For more information on related legal issues, see our pages on Virginia Family Law, Henrico County Divorce Lawyer, and Virginia Beach Criminal Defense Lawyer.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.