Desertion Divorce Lawyer King William County — What Are Your Options?
Desertion is a fault-based ground for divorce in Virginia under Va. Code § 20-91, requiring proof your spouse willfully deserted you for one year or more. A desertion divorce lawyer King William County from Law Offices Of SRIS, P.C. can help you handle this complex process in King William County Circuit Court.
Virginia Desertion Divorce Law
In Virginia, desertion is a statutory fault ground for divorce. To prove desertion, you must demonstrate your spouse willfully deserted or abandoned you for a continuous period of at least one year with the intent to end the marital relationship. This is distinct from a no-fault separation divorce. The statute governing this is Va. Code § 20-91. Mr. Sris, the firm’s founder, personally amended Virginia’s key equitable distribution statute, Va. Code § 20-107.3, demonstrating deep involvement in family law.
Last verified: April 2026 | King William County Circuit Court | Virginia General Assembly
Official Legal Resources
For the official text of Virginia’s divorce laws, refer to the Virginia Code Title 20, Chapter 6. Court procedures and forms for King William County are available through the King William County Circuit Court website.
Handling a Desertion Divorce Case in King William County
Proving desertion in King William County Circuit Court requires specific evidence and procedural steps. The court needs clear proof of the one-year abandonment and the deserter’s intent not to return. An experienced spouse abandonment lawyer King William County understands how to gather the necessary documentation, from financial records to witness testimony, to build a strong case.
- Gather evidence of the desertion date and your spouse’s intent (e.g., change of address, lack of contact, new relationship).
- File a Complaint for Divorce on the grounds of desertion with the King William County Circuit Court clerk.
- Ensure proper service of process on your spouse, which may require a private process server if their location is known.
- Prepare for potential court hearings to present evidence if your spouse contests the desertion claim.
- Address related issues like equitable distribution, spousal support, and child custody within the divorce proceedings.
- Attend the final divorce hearing to present your evidence and obtain the judge’s decree.
Potential Outcomes and Considerations
In King William County, a desertion divorce can impact spousal support and property division, as fault may be considered by the court under Virginia law.
While the primary outcome is the dissolution of marriage, proving fault like desertion can influence other judgments:
- Spousal Support: A finding of desertion can be a factor the court considers when awarding spousal support, potentially benefiting the deserted spouse.
- Equitable Distribution: Marital property is divided based on equitable principles under Va. Code § 20-107.3. Fault is not a primary factor, but the circumstances of desertion can indirectly affect the division.
- Legal Costs: The complexity of proving fault may increase legal fees compared to an uncontested, no-fault divorce.
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Family Law
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. With over 120 years of combined attorney experience and more than 4,739 case results firm-wide, our team brings substantial knowledge to complex family law matters. Mr. Sris’s personal work amending Virginia’s equitable distribution statute (Va. Code § 20-107.3) provides unique insight into property division cases that often accompany desertion divorces.
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 Advocacy
Our firm has a documented record of favorable outcomes. In King William County, we have 7 total documented case results across all practice areas with a 100% favorable outcome rate. Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on complex cases. His background and legislative experience amending Virginia family law statutes are key assets.
Results may vary. Prior results do not guarantee a similar outcome.
Local King William County Divorce Lawyer
Our Richmond location serves clients in King William County. We are familiar with the local court at 351 Courthouse Lane. If you need a desertion divorce lawyer King William County or a spouse abandonment lawyer King William County near you, we are here to help.
Service Area: King William, West Point, Aylett, and surrounding communities.
Availability: 24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (804)201-9009 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
By appointment only.
Desertion Divorce in King William County: FAQs
What is considered desertion for divorce in Virginia?
Yes. Under Va. Code § 20-91, desertion requires a willful abandonment of one spouse by the other for at least one continuous year, with the intent to end the marital cohabitation permanently.
How long do you have to be separated for a no-fault divorce in Virginia?
It depends. For a no-fault divorce with a signed separation agreement and no minor children, a 6-month separation is required. If there are minor children, or if there is no signed agreement, you must be separated for one year before filing.
Can I get a divorce if my spouse abandoned me but I don’t know where they are?
Yes. Virginia law allows for divorce by publication if a spouse cannot be located after a diligent search. Your attorney can file a motion for an order of publication to serve notice in a newspaper, allowing the divorce to proceed.
Does proving desertion affect child custody or property division?
It can. While custody is decided based on the child’s best interests, desertion can reflect on a parent’s stability. For property division (equitable distribution), fault is not a primary factor, but the circumstances may be considered by the court.
What evidence do I need for a desertion divorce?
You need evidence proving the date abandonment began and your spouse’s intent not to return. This can include proof they established a separate residence, stopped financial support, ceased communication, or stated their intent to end the marriage.
Related Legal Help in King William County
If you are dealing with family legal issues, you may also need information on: King William County criminal defense, King William County DUI defense, or Virginia family law overview. For help in nearby areas, see our pages for Henrico County family law and Chesterfield County family law.
Page last verified and updated: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. for current legal guidance.