Desertion Divorce Lawyer Prince George County — What Are Your Rights?
Desertion is a fault-based ground for divorce in Virginia under Va. Code § 20-91(6), requiring proof your spouse willfully deserted you for at least one year. A desertion divorce lawyer Prince George County from Law Offices Of SRIS, P.C. can help you handle this complex process at the Prince George County Circuit Court.
Last verified: April 2026 | Prince George County Circuit Court | Virginia General Assembly
Virginia Desertion Divorce Law
Desertion, also called abandonment, is a specific fault ground for divorce in Virginia. To prove desertion, you must show your spouse willfully deserted or abandoned you and that this desertion continued for at least one year before you file for divorce. Unlike a no-fault separation, proving fault can impact decisions on spousal support and the division of marital assets. The statute governing divorce grounds, including desertion, is Va. Code § 20-91 (official Virginia General Assembly).
Official Resources & Court Information
For desertion divorce proceedings, you will file your complaint in the Prince George County Circuit Court. It is crucial to reference the correct legal standards and procedures. You can review the official court rules and forms at the Virginia Courts website.
Handling a Desertion Case in Prince George County
Proving desertion requires clear evidence of intent and the uninterrupted one-year period. In Prince George County Circuit Court, judges look for proof that the leaving was voluntary, without consent, and without justification. A spouse who leaves due to intolerable cruelty by the other may have a defense against a desertion claim. The court will also consider any attempts at reconciliation.
- Gather Evidence: Collect all proof of the desertion date and lack of cohabitation for one year (lease agreements, utility bills, correspondence).
- File a Complaint: File a Complaint for Divorce on the grounds of desertion at the Prince George County Circuit Court clerk’s office, paying the required filing fee.
- Serve Your Spouse: Ensure your spouse is properly served with the divorce papers, which can be challenging if their location is unknown.
- Prove Your Case: Present your evidence of willful desertion for one year at a court hearing. Your spouse may contest the claim.
- Obtain the Decree: If the court finds desertion is proven, it will enter a final decree of divorce, addressing related issues like property division.
Potential Implications of a Desertion Finding
In Prince George County, a successful desertion divorce can influence the court’s decisions on financial matters, as fault may be considered in equitable distribution and spousal support under Va. Code § 20-107.1.
| Aspect | Consideration in Desertion Case |
|---|---|
| Spousal Support | The deserting spouse’s fault may be a factor against them when support is determined. |
| Equitable Distribution | Marital property is divided fairly (equitably), but fault is generally not a direct factor in Virginia. |
| Legal Costs | Contested fault divorces often involve more hearings and discovery, increasing costs. |
| Timeline | A contested desertion case can take 9-18 months or longer to resolve. |
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 by former prosecutor Mr. Sris. Our attorneys have over 120 years of combined legal experience. We have a documented record of 4,739+ case results firm-wide with a 93%+ favorable outcome rate. In Prince George County, we have 7 documented case results across all practice areas. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating deep involvement in family law.
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 Prince George County
Our firm’s approach has secured favorable outcomes for clients in the region. In neighboring King George County General District Court, our team has achieved dismissals in assault and domestic violence cases.
Results may vary. Prior results do not guarantee a similar outcome.
For your desertion divorce, we apply the same rigorous, evidence-based strategy. Secondary counsel on complex family matters is often provided by Mr. Sris, the firm’s founder and a former prosecutor who personally amended Virginia’s equitable distribution statute.
Contact Our Prince George County Desertion Divorce Lawyer
Our Richmond location serves clients in Prince George County. We are accessible via I-295, Route 10, and Route 36. If you need a spouse abandonment lawyer Prince George County, contact us for a 24/7 consultation.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr, Suite 300, Rm 395
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Desertion Divorce Lawyer Prince George County FAQs
What is considered desertion in a Virginia divorce?
Yes. Desertion is the willful abandonment of one spouse by the other for at least one year without consent and without justification. It is a fault ground under Va. Code § 20-91(6). Proving it requires evidence of intent and the continuous one-year period.
How long do you have to be separated for a no-fault divorce in Virginia?
It depends. With no minor children and a signed separation agreement, you can file after a 6-month separation. If you have minor children, a one-year separation is required. These are no-fault grounds under Va. Code § 20-91(9).
Can I get a divorce if I don’t know where my spouse is?
Yes. Virginia law allows for divorce by publication if your spouse’s whereabouts are unknown after a diligent search. The process involves getting court permission to serve notice via a newspaper publication. An experienced abandonment divorce grounds lawyer Prince George County can guide you through this specific procedure.
Does desertion affect spousal support in Virginia?
Yes. Under Va. Code § 20-107.1, the court may consider the circumstances and factors that led to the divorce, including fault like desertion, when determining the amount and duration of spousal support.
What is the difference between desertion and voluntary separation?
Desertion is a fault-based ground where one spouse leaves against the other’s will. A voluntary separation is mutual and is the basis for a no-fault divorce after the required time period (6 months or 1 year). The intent and agreement of the parties are the key differences.
For more information, see our Virginia Family Law hub page. We also assist clients in Henrico County and with criminal defense in Prince George County.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.