Desertion Divorce Lawyer Chesterfield County — What Are Your Rights?
If your spouse has left the marital home without justification and without your consent, you may have grounds for a desertion divorce in Chesterfield County. Desertion is a fault-based ground for divorce under Virginia law, requiring a one-year continuous absence. A desertion divorce lawyer Chesterfield County from the Law Offices Of SRIS, P.C.
Virginia Desertion Divorce Law
In Virginia, desertion is a statutory fault ground for divorce. It is defined under Va. Code § 20-91 as the voluntary separation of one spouse from the other, without justification and without the consent of the other spouse, with the intent to abandon the marriage. The desertion must be continuous for a period of one year or more before you can file for divorce on this ground. Proving desertion requires evidence of the leaving, the lack of consent, and the abandoning spouse’s intent not to return.
Last verified: April 2026 | Chesterfield County Circuit Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia’s divorce statutes, see the Virginia Code Title 20, Chapter 6. For local court procedures, visit the Chesterfield County Circuit Court website.
Proving a Desertion Divorce Case in Chesterfield County
Successfully obtaining a desertion divorce in Chesterfield County Circuit Court requires meeting a specific legal burden. You must demonstrate that your spouse’s departure was voluntary, without a valid reason (like fear for safety), and done against your wishes. The court will also look for evidence showing your spouse intended to end the marital relationship permanently.
- Document the Departure: Note the exact date your spouse left. Save any texts, emails, or voicemails discussing the separation.
- Establish Lack of Consent: Clearly communicate in writing (if safe) that you do not agree to the separation. This can be crucial evidence.
- Gather Proof of Intent: Collect evidence showing your spouse established a separate life (e.g., a new lease, changed address on bills, statements to others about not returning).
- Wait the Statutory Period: Ensure a full year has passed since the desertion began before filing your Complaint for Divorce.
- File with Chesterfield Circuit Court: Submit your complaint, along with all supporting evidence, to the Clerk’s Office at 9500 Courthouse Road.
- Serve Your Spouse: Have the sheriff or a process server formally deliver the divorce papers to your spouse’s last known address.
Potential Outcomes in a Desertion Divorce
In Chesterfield County, a desertion divorce can impact property division, spousal support, and attorney’s fees, as the court may consider fault when making these decisions.
| Legal Aspect | How Desertion May Influence the Outcome |
|---|---|
| Equitable Distribution | The court may award a larger share of marital assets to the innocent spouse. |
| Spousal Support | Desertion is a statutory factor a judge must consider, potentially skilled to a higher or longer-lasting support award for the abandoned spouse. |
| Attorney’s Fees | The court can order the deserting spouse to pay some or all of the other spouse’s legal costs. |
| Custody & Visitation | While the primary focus is the child’s best interest, a pattern of abandonment can impact parenting time decisions. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Chesterfield County Desertion Case
Founded in 1997 by former prosecutor Mr. Sris, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex family law matters. Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), giving our team deep, firsthand knowledge of the law that governs your case. We understand the emotional and financial strain of spouse abandonment and provide focused, strategic representation in Chesterfield County Circuit Court.
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 in Chesterfield County
Our firm has a documented record of favorable outcomes for clients in Chesterfield County courts. In one family law matter, we successfully argued for a fault-based divorce, influencing a favorable spousal support order for our client.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Chesterfield County Desertion Divorce Lawyer
Our Richmond location serves clients throughout Chesterfield County, including Midlothian, Chester, and the Colonial Heights area. We are accessible via I-95 and Route 288.
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. 24/7 phone consultations.
Desertion Divorce Lawyer Chesterfield County FAQ
What is the difference between desertion and abandonment in a Virginia divorce?
In Virginia divorce law, “desertion” and “abandonment” are often used interchangeably as fault grounds. Both refer to one spouse leaving the marital home without cause and without the other’s consent, with the intent to end the marriage, for a continuous period of one year.
Can I get a divorce in Chesterfield County if my spouse left but we still talk?
It depends. Occasional contact does not necessarily negate desertion if the essential elements are met: the leaving was voluntary, without your consent, and with the intent to abandon the marital relationship. An abandonment divorce grounds lawyer Chesterfield County can analyze your specific communications to determine if the desertion claim remains valid.
How long do I have to wait to file for divorce based on desertion in Virginia?
You must wait one full year from the date your spouse deserted you before you can file a Complaint for Divorce on the ground of desertion in Virginia Circuit Court.
What if my spouse claims I consented to the separation?
Your lack of consent is a critical element. A spouse abandonment lawyer Chesterfield County will help you gather evidence—such as emails, texts, or witness testimony—that shows you objected to the separation, strengthening your desertion case.
Does proving desertion guarantee I will get more property or alimony?
No. Proving desertion is a fault ground for divorce and is a factor the judge must consider when deciding spousal support and equitable distribution. It can influence the outcome in your favor, but the court weighs many factors, and results may vary.
For guidance on desertion or other family law issues in Chesterfield County, contact a desertion divorce lawyer Chesterfield County at the Law Offices Of SRIS, P.C. today. We also assist with related matters like criminal defense and DUI defense in Chesterfield. For more Virginia family law resources, visit our state hub page. We also serve clients in neighboring areas like Henrico County.
Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.