Desertion Divorce Lawyer Colonial Heights — What Are Your Rights?
Desertion is a fault-based ground for divorce in Virginia under Va. Code § 20-91, requiring proof your spouse willfully deserted you for at least one year. A desertion divorce lawyer Colonial Heights from Law Offices Of SRIS, P.C. can help you handle this complex process in Colonial Heights Circuit Court. We have documented case results in this locality and offer 24/7 consultations.
Last verified: April 2026 | Colonial Heights Circuit Court | Virginia General Assembly
Virginia Desertion Divorce Law
Virginia law provides specific fault grounds for divorce, including desertion. To file for a desertion divorce, you must prove your spouse willfully deserted or abandoned you for a continuous period of one year or more without justification and without your consent. This is distinct from a no-fault separation divorce. The statute governing divorce grounds, including desertion, is Va. Code § 20-91. Colonial Heights Circuit Court handles all fault-based divorce filings. Mr. Sris, our firm’s founder, brings extensive experience, having personally contributed to amendments in Virginia’s family law statutes.
Official Legal Resources
For the official text of Virginia’s divorce laws, refer to the Virginia Code Title 20, Chapter 6. The Colonial Heights Circuit Court website provides local forms, filing fees, and procedural information.
Handling a Desertion Case in Colonial Heights
Proving desertion in court requires clear evidence of the intent to abandon the marriage and the duration of the separation. Colonial Heights Circuit Court judges will examine the circumstances closely. In this jurisdiction, presenting a coherent timeline and supporting documentation is critical for success.
- Gather Evidence: Document the date of desertion, attempts at reconciliation, and any communication.
- File a Complaint: File a Complaint for Divorce citing desertion as the ground at the Colonial Heights Circuit Court Clerk’s Office.
- Serve Your Spouse: Ensure your spouse is properly served with the divorce papers, which can be challenging if their location is unknown.
- Attend Hearings: Present your evidence of desertion at any required hearings to prove your case.
- Obtain Final Decree: If the court finds desertion is proven, it will issue a final decree of divorce.
Potential Outcomes in a Desertion Divorce
In Colonial Heights, a successful desertion divorce can impact spousal support and property division, as fault may be considered by the court under Va. Code § 20-107.1.
While the core legal issues of property division (equitable distribution under Va. Code § 20-107.3) and child support are decided separately from the divorce ground, proving desertion can influence a judge’s decisions on related matters like spousal support.
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Desertion Divorce
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings over 120 years of combined legal experience to complex family law matters. We understand the emotional and procedural challenges of abandonment cases. Mr. Sris, our managing attorney, has a deep understanding of Virginia family law, having personally worked on amendments to the equitable distribution statute, Va. Code § 20-107.3. For cases involving spouse abandonment lawyer Colonial Heights representation, our experience is a key asset.
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
In Colonial Heights, our firm has a record of documented case results across practice areas. We approach each abandonment divorce grounds lawyer Colonial Heights case with a focus on achieving the best possible resolution for our clients, whether through negotiation or litigation. Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on complex matters, ensuring every client benefits from our collective experience.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Colonial Heights Desertion Divorce Lawyer
Our Richmond location serves clients in Colonial Heights. We are accessible via I-95 and Route 1. If you need a desertion divorce lawyer Colonial Heights near the Colonial Heights Courthouse on Boulevard, contact us today.
Neighborhoods Served: Colonial Heights.
Availability: 24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Desertion Divorce in Colonial Heights: FAQs
What is considered desertion in a Virginia divorce?
Yes. In Virginia, desertion is the willful abandonment of one spouse by the other for at least one year without consent or justification. It requires proof of intent to end the marital cohabitation.
How long do I have to wait to file for divorce based on desertion?
One year. You must prove the desertion has continued uninterrupted for a full year before you can file your Complaint for Divorce in Colonial Heights Circuit Court.
What if I can’t find my spouse to serve divorce papers?
It depends. Virginia law allows for alternative service methods (like publication in a newspaper) if a spouse cannot be located after a diligent search. A desertion divorce lawyer Colonial Heights can file the necessary motions with the court.
Does proving desertion affect property division or alimony?
It can. While Virginia is an equitable distribution state, fault grounds like desertion can be considered by a judge when deciding spousal support awards under the factors in Va. Code § 20-107.1.
Can a desertion divorce be contested?
Yes. If the alleged deserter disputes the claim, they can contest the divorce, requiring you to present evidence (witnesses, documents, etc.) to the Colonial Heights Circuit Court to prove your case.
Related Legal Information
If you are dealing with a divorce in Colonial Heights, you may also want to learn about Virginia divorce law. For representation in nearby areas, consider our family lawyer in Chesterfield County or family lawyer in Henrico County. For other legal needs in Colonial Heights, we also assist with criminal defense and DUI charges.
Page last verified and updated: April 2026. Laws change frequently. For the most current advice regarding your desertion divorce case, contact Law Offices Of SRIS, P.C. at (888) 437-7747.