Desertion Divorce Lawyer Fauquier County — What Are Your Grounds?
Desertion is a fault-based ground for divorce in Virginia under Va. Code § 20-91, requiring proof your spouse willfully abandoned you for one year. A desertion divorce lawyer Fauquier County from Law Offices Of SRIS, P.C. can help you prove this complex ground at the Fauquier County Circuit Court. We have 73 documented case results in this locality.
Last verified: April 2026 | Fauquier County General District Court | Virginia General Assembly
Virginia Desertion Divorce Law
Virginia law provides specific fault grounds for divorce, including desertion. Under Va. Code § 20-91(6), you may file for divorce if your spouse has “willfully deserted or abandoned you” for a period of one year. This is distinct from a no-fault separation. Proving desertion requires demonstrating a voluntary, unjustified departure with the intent to end the marital relationship. The one-year period must be continuous and unbroken. If the deserting spouse returns and cohabitation resumes, the clock resets. A spouse abandonment lawyer Fauquier County can gather the necessary evidence, such as witness testimony, communication records, and proof of separate residences, to establish your case before the Fauquier County Circuit Court.
- Consult with a desertion divorce lawyer Fauquier County to evaluate your grounds and evidence.
- Your attorney will help you document the date of desertion and gather proof of intent (e.g., letters, witness statements).
- File a Complaint for Divorce citing desertion as the ground at the Fauquier County Circuit Court clerk’s office.
- Serve the complaint on your spouse; if they contest the desertion claim, your lawyer will prepare for a hearing to prove your case.
Key Considerations for a Desertion Case
Choosing to file for divorce on grounds of abandonment involves specific strategic decisions. A spouse abandonment lawyer Fauquier County can advise on the implications for issues like spousal support, as fault can be a factor considered by the court under Va. Code § 20-107.1. It may also affect the timeline, as a contested fault case can take longer than an uncontested no-fault divorce based on separation.
In Fauquier County, proving desertion for divorce requires clear evidence of a one-year, willful abandonment, which can impact spousal support determinations.
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 Firm Authority
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm has over 120 years of combined attorney experience and a record of firm-wide 4,739+ case results with a 93%+ favorable outcome rate. In Fauquier County, we have 73 total 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 at the legislative level.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Our Fairfax location serves clients at the Fauquier County courts. We provide representation for residents in Warrenton, New Baltimore, Bealeton, Marshall, and The Plains.
Desertion Divorce Lawyer Fauquier County FAQ
What is considered desertion for divorce in Virginia?
Yes. Desertion requires a willful abandonment of the marital relationship for one continuous year without consent or justification, as defined in Va. Code § 20-91(6). Proof of intent to end the marriage is required.
How do I prove my spouse deserted me?
It depends. Evidence can include testimony about the departure date, proof of separate residences (leases, utility bills), written communication showing intent to abandon, and witness statements. A desertion divorce lawyer Fauquier County can help compile a compelling case for the court.
Can I get a divorce if my spouse left but we still talk?
It depends. Occasional contact or providing financial support does not necessarily negate desertion if the essential marital cohabitation has ended and the intent to abandon persists. The core issue is whether the marital relationship has been willfully abandoned.
Does desertion affect spousal support in Virginia?
Yes. Fault, including desertion, is one of the 13 factors a Virginia court considers when awarding spousal support under Va. Code § 20-107.1. Proving desertion could influence the amount or duration of an award.
How long does a desertion divorce take in Fauquier County?
9-18 months. A contested fault divorce like desertion typically takes longer than an uncontested no-fault divorce. The timeline depends on the court’s docket and whether the grounds are disputed, requiring a hearing for proof.
For more information on Virginia divorce law, visit the official Virginia code or the Fauquier County Circuit Court website.
Explore our Virginia Family Law hub, or see how we help in neighboring areas like Fairfax County. For other legal needs in Fauquier County, consider our criminal defense services.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. for current guidance.