Desertion Divorce Lawyer Lexington — What Are Your Rights?
If your spouse has left you without justification or consent, you may have grounds for a desertion divorce in Lexington. Desertion is a fault-based ground under Virginia law, requiring proof of a one-year continuous absence. A skilled desertion divorce lawyer Lexington from the Law Offices Of SRIS, P.C.
Last verified: April 2026 | Lexington Circuit Court | Virginia General Assembly
Understanding Desertion as a Ground for Divorce in Virginia
In Virginia, desertion is a statutory fault ground for divorce, defined under Va. Code § 20-91. To prove desertion, you must demonstrate that your spouse willfully deserted you and that the desertion has continued for at least one year without interruption before you file your complaint. This is distinct from a no-fault separation. The abandoned spouse must not have consented to or provoked the departure. Successfully proving desertion can impact the court’s decisions on spousal support and the equitable distribution of marital property.
Official Legal Resources
For the official text of Virginia’s divorce statutes, see Va. Code Title 20, Chapter 6 (official Virginia General Assembly). All Lexington divorce cases are filed at the Lexington Circuit Court.
handling a Desertion Divorce Case in Lexington
Proving abandonment divorce grounds in Lexington requires specific evidence and adherence to court procedure. The process begins with filing a Complaint for Divorce in the Lexington Circuit Court, specifically alleging desertion as the ground.
- Gather Evidence: Collect proof of the one-year continuous absence, such as dated correspondence, witness statements, and records showing the spouse’s establishment of a separate residence.
- File the Complaint: Your attorney will draft and file the divorce complaint at the Lexington Circuit Court, alleging desertion and outlining related requests for support, property division, or custody.
- Serve Your Spouse: The complaint must be legally served on your spouse, which can be challenging if their location is unknown, requiring alternative service methods approved by the court.
- Present Your Case: If your spouse contests the desertion claim, you will need to present your evidence at a hearing before a judge to prove the willful and continuous one-year abandonment.
Potential Outcomes in a Desertion Divorce
In Lexington, a successful desertion divorce can influence spousal support and property division, as the court may consider the fault of the deserting spouse when making these determinations.
| Issue | Consideration with Desertion |
|---|---|
| Spousal Support | The court may award support to the abandoned spouse and can consider the desertion as a factor justifying an award or affecting the amount and duration. |
| Equitable Distribution | While Virginia divides marital property equitably (fairly), not equally, fault like desertion can be a factor the court considers in making its division. |
| Legal Costs | The court may order the deserting spouse to contribute to the other spouse’s attorney’s fees and court costs. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Lexington Desertion Divorce
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 abandonment and provide focused, strategic representation.
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
Documented Experience in Lexington Family Law
The Law Offices Of SRIS, P.C. has a documented record of handling family law matters in the Lexington area. Our approach is case-specific to the specifics of proving fault grounds like desertion. Secondary attorney Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on all Virginia family law cases, leveraging his unique experience, including his role in amending the state’s equitable distribution law.
Results may vary. Prior results do not guarantee a similar outcome.
Local Representation for Lexington Residents
Our Richmond location serves clients with cases at the Lexington Circuit Court. We represent individuals throughout the Lexington area, including those near Virginia Military Institute and Washington and Lee University. For a desertion divorce lawyer near Lexington, contact us for a 24/7 phone consultation. Meetings are by appointment only.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr, Ste 300, Rm 395
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Desertion Divorce Lawyer Lexington FAQ
What qualifies as desertion for divorce in Virginia?
Yes. Desertion requires a willful abandonment of the marital relationship by one spouse, without the consent or justification, that continues uninterrupted for one full year before filing for divorce.
How do I prove my spouse abandoned me?
It depends. Proof typically involves evidence like dated letters or emails showing the intent to leave, witness testimony from friends or family, records of the spouse living at a new address, and documentation showing a lack of communication or support for the one-year period.
Can I get a divorce if I don’t know where my spouse is?
Yes. Virginia law allows for divorce by publication or other alternative service methods when a spouse’s location is unknown after a diligent search. A Lexington desertion divorce lawyer can petition the court to authorize this service so your case can proceed.
Does proving desertion give me a better settlement?
It can. While Virginia divides property equitably, fault like desertion is a factor the court may consider. It can also influence spousal support awards, potentially resulting in a more favorable financial outcome for the abandoned spouse.
What is the difference between desertion and separation?
Separation is a mutual decision to live apart, often the basis for a no-fault divorce after a statutory period. Desertion is a one-sided, wrongful abandonment without agreement, constituting a fault ground for divorce with a different legal standard and potential consequences.
For more information, see our Virginia Family Law overview. We also assist with criminal defense in Lexington and DUI cases.
Last verified: April 2026. Information current as of verification date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.