Desertion Divorce Lawyer Virginia Beach — What Are Your Fault Grounds?
Desertion is a fault ground for divorce under Virginia law, requiring proof your spouse abandoned you for at least one year. A desertion divorce lawyer Virginia Beach from Law Offices Of SRIS, P.C. can help you prove this fault ground, which may impact spousal support and property division. We have documented results in Virginia Beach family law cases. Call (888) 437-7747 for a consultation.
Last verified: April 2026 | Virginia Beach Circuit Court | Virginia General Assembly
Virginia Desertion Divorce Law
In Virginia, desertion is a statutory fault ground for divorce. To prove desertion under Va. Code § 20-91, you must show your spouse willfully deserted or abandoned you and that this desertion continued without interruption for one year or more before you file for divorce. The desertion must be against your wishes and without justification. This is distinct from a no-fault separation divorce. Proving desertion can be complex, often requiring evidence of intent and the lack of consent to the separation. A spouse abandonment lawyer Virginia Beach can gather the necessary documentation and testimony to establish your case.
Official Legal Resources
For the full text of Virginia’s divorce statutes, see Va. Code Title 20, Chapter 6 (official Virginia General Assembly). For local court procedures, visit the Virginia Beach Circuit Court website.
- Consult with a desertion divorce lawyer Virginia Beach to evaluate your case.
- Gather evidence of the desertion start date and lack of reconciliation (e.g., letters, emails, witness statements).
- Your lawyer will file a Complaint for Divorce citing desertion as the ground in Virginia Beach Circuit Court.
- Serve the divorce papers on your spouse according to Virginia law.
- Prepare for potential court hearings to prove the fault ground if your spouse contests the desertion claim.
- Proceed to final hearing and decree if desertion is proven or a settlement is reached.
In Virginia Beach, a desertion divorce is a fault-based proceeding that requires proving a one-year abandonment under Va. Code § 20-91, which can influence financial outcomes.
| Ground | Legal Standard | Time Requirement | Potential Impact |
|---|---|---|---|
| Desertion | Willful abandonment without consent & justification | 1 year minimum | May affect spousal support, equitable distribution |
| No-Fault Separation | Living separate & apart | 6 months (no minor children) or 1 year | Typically neutral on financial awards |
Results may vary. Prior results do not guarantee a similar outcome.
Virginia Beach Family Law Experience
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings combined legal experience to family law matters. Mr. Sris, our managing attorney, personally played a role in amending Virginia’s equitable distribution statute, Va. Code § 20-107.3. This deep familiarity with Virginia family law statutes is applied to every case, including those involving complex fault grounds like desertion.
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 Virginia Beach, our firm has documented case results across all practice areas. Mr. Sris provides strategic oversight on complex family law matters, including fault-based divorces.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Virginia Beach Desertion Divorce Lawyer
Our Richmond location serves clients with Virginia Beach family law matters. We are accessible via I-64 and other major highways. We serve Virginia Beach, Sandbridge, and Oceana. 24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr Suite 300 Room 359
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Desertion Divorce in Virginia Beach: FAQs
What is considered desertion in a Virginia divorce?
It is the willful abandonment of one spouse by the other for at least one year, without consent and without justification, as defined under Va. Code § 20-91.
How do I prove my spouse abandoned me for a desertion divorce?
Proving desertion requires evidence showing the start date of the abandonment, that you did not agree to it, and that there has been no marital cohabitation for one year. Evidence can include correspondence, witness testimony, and documentation of separate residences. A spouse abandonment lawyer Virginia Beach can help compile this evidence.
Can I get a divorce for desertion if we lived in the same house?
It depends. Virginia courts may find “constructive desertion” if one spouse makes cohabitation intolerable, forcing the other to leave. However, simply living under the same roof while skilled separate lives typically does not meet the legal definition of desertion unless one party is effectively forced out.
Does claiming desertion affect the outcome of my divorce?
It can. A successful desertion claim is a fault ground. The court may consider this fault when deciding spousal support (alimony) and, in some cases, the equitable division of marital property, though Virginia is not a community property state.
What is the difference between desertion and a no-fault separation divorce?
A no-fault divorce requires living separate and apart for a statutory period (6 months or 1 year) by mutual agreement or acquiescence. Desertion is a fault-based ground requiring proof of a one-year abandonment against the wishes of the deserted spouse and without legal justification.
Related Legal Help in Virginia Beach
If you are dealing with family law issues, you may also need information about Virginia divorce lawyers. For other legal concerns in the area, consider a Virginia Beach criminal defense lawyer or a Virginia Beach DUI lawyer.
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.