Desertion Divorce Lawyer Colonial Heights, VA
You came home to an empty house—closets bare, family photos missing. Your spouse walked out without warning, leaving you and your children behind. In Virginia, when a spouse willfully abandons the marriage for one year, you have legal grounds to file for divorce based on desertion under Va. Code § 20-91. At Law Offices Of SRIS, P.C., our Richmond location helps Colonial Heights residents pursue fair outcomes after desertion. Reach us at (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Your Legal Options When a Spouse Deserts the Marriage
Under Virginia law, willful desertion is one of the fault grounds for an absolute divorce. To qualify, the desertion must be a deliberate, unjustified abandonment of the marital relationship that continues uninterrupted for at least one year. The spouse who left must have had no intent to return and no valid reason—such as military deployment or mutual agreement—to depart. Desertion is not the same as a separation by consent, and courts look carefully at the circumstances surrounding the departure.
Even if you can prove desertion, you are not required to file on that ground. Many spouses choose a no-fault divorce after a period of separation: six months if no minor children are involved and a written settlement agreement has been signed, or one year otherwise. Electing a fault ground like desertion can influence property division and spousal support determinations. When the court finds that one spouse’s misconduct caused the breakdown of the marriage, it may weigh that factor against that spouse in distributing marital assets.
Because proving desertion rests on specific facts—dates, communications, the abandoned spouse’s willingness to reconcile—working with an experienced family lawyer helps protect your rights. Law Offices Of SRIS, P.C. Concentrates its practice on these matters, helping Colonial Heights residents evaluate which divorce ground best serves their family and financial interests.
What to Expect When You File for Divorce Based on Desertion in Colonial Heights
Divorce proceedings in Colonial Heights are heard in the Colonial Heights Circuit Court, located at 550 Boulevard, Colonial Heights, VA 23834. The Circuit Court holds exclusive original jurisdiction over divorce, equitable distribution, and spousal support. If you also need orders for child custody, visitation, or child support, those matters may be heard in the Colonial Heights Juvenile and Domestic Relations District Court before the divorce is final.
The process begins when you file a Complaint for divorce with the Circuit Court. Virginia law requires that at least one spouse have been a bona fide resident and domiciliary of the Commonwealth for six months before filing. After the Complaint is served on your spouse, the court may enter pendente lite orders to address temporary support, custody, and use of the family residence while the case is pending. If your spouse’s whereabouts are unknown or they reside outside the country, alternative methods of service may be available.
A contested desertion divorce requires a hearing where you present evidence—including testimony and documentation—to prove the elements of abandonment. Virginia courts typically require at least one corroborating witness to support your account of the desertion. The court then decides whether the statutory ground has been met and proceeds to resolve property classification, equitable distribution under Va. Code § 20-107.3, spousal support under Va. Code § 20-107.1, and any custody and support matters. The timeline depends on the court’s docket and the complexity of the issues.
in handling family law matters at the Colonial Heights courts, resolving a divorce on the ground of desertion involves careful preparation of the factual record. Mr. Sris and his Of Counsel team work methodically to present a clear, corroborated case so the court can reach an equitable resolution.
How Desertion Can Influence Property Division and Support
Virginia is an equitable distribution state, not a community property state. The court divides marital property fairly but not necessarily equally, considering eleven statutory factors under Va. Code § 20-107.3. One of those factors is the circumstances and factors that contributed to the dissolution of the marriage. When a spouse’s desertion caused the breakup, the court may allocate a larger share of marital assets to the innocent spouse. Similarly, desertion may affect spousal support. Under § 20-107.1, the court considers thirteen factors, including the fault of either party. A finding that one spouse willfully abandoned the other can support an award of spousal support or increase its duration.
Mr. Sris’s background includes direct involvement in Virginia equitable distribution law. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), which revised subsection (g) of Va. Code § 20-107.3 to address the treatment of retirement plans in divorce. That firsthand familiarity with the statute gives clients confidence that their financial interests are fully addressed in a desertion divorce.
Why Families in Colonial Heights Turn to Law Offices Of SRIS, P.C.
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., began practicing in 1997. As a former prosecutor, he brings a disciplined, evidence-focused approach to every family law matter. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and his Of Counsel team extends that capacity. Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and 4,739+ documented firm-wide results to divorce and custody cases. Results may vary.
Our Richmond location at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225 serves clients throughout the Colonial Heights area, including neighborhoods near Swift Creek and the Petersburg border. For local clients, the drive from Colonial Heights to our location is straightforward via I-95 or Route 144. Consultations are available by appointment; call (888) 437-7747 to schedule.
Frequently Asked Questions About Desertion Divorce in Colonial Heights, Virginia
What qualifies as desertion under Virginia law?
Desertion under Va. Code § 20-91 requires a willful, unjustified abandonment of the marital relationship that continues uninterrupted for at least one year. The spouse who left must have shown a clear intent not to return and must lack a valid reason for the departure. It is not desertion if the spouses mutually agreed to separate or if one spouse left due to the other’s misconduct that would justify leaving. Evidence such as text messages, emails, witness testimony, and the length of absence is used to prove the claim.
Do I need to prove desertion with evidence, or is my word enough?
Virginia courts generally require more than the testimony of the filing spouse—at least one corroborating witness is needed. That witness can be a family member, neighbor, or friend who observed the spouse’s absence and the circumstances. Documentary evidence, such as change-of-address records or social media posts indicating a new residence, also strengthens the case. An experienced lawyer helps gather and present this evidence effectively.
Can I file for divorce based on desertion if my spouse left the country?
Yes, you can still pursue a desertion divorce in Virginia if your spouse has moved abroad, but service of process and communication present additional challenges. The court may permit alternative service methods when the spouse cannot be located or served through standard means. The one-year desertion period continues to run regardless of where the spouse resides. Because international elements can complicate property division and custody, working with a lawyer experienced in cross-border family matters is advisable.
How does desertion affect child custody in Colonial Heights?
Desertion is a factor the court may consider under Virginia’s best-interests test, especially if the abandonment indicates a lack of involvement in the child’s life. Under Va. Code § 20-124.3, the court examines each parent’s relationship with the child and their willingness to support the child’s relationship with the other parent. A spouse who willfully deserted the family may face skepticism about their commitment to co-parenting, though custody and visitation are decided independently of fault in the divorce.
What if my spouse claims I deserted them—can I fight that allegation?
Yes, you can challenge a desertion claim by showing that you left for a legally sufficient reason or that the separation was by mutual consent. A spouse who moved out because of abuse, infidelity, or other marital misconduct by the other spouse is not a deserter. Similarly, if both spouses agreed to live apart, there is no willful abandonment. Presenting your side with credible evidence is essential to prevent desertion from tilting property division and support against you.
How long does a divorce take in Colonial Heights when desertion is the ground?
A contested desertion divorce typically takes longer than an uncontested divorce because the court must hear evidence on the fault ground. While an uncontested no-fault divorce may conclude within a few months after a separation period ends, a desertion case requires scheduling a hearing, presenting witnesses, and allowing the judge time to rule on equitable distribution and support. Complex property or custody disputes can extend the timeline further. Contact our firm to discuss what to expect in your specific situation.
Is mediation available for a desertion divorce in Colonial Heights?
Mediation is available in Virginia and can help resolve property, support, and custody issues even when fault grounds are alleged. The court does not require mediation but may order it or the parties may voluntarily participate. Successfully mediating these issues can reduce the time and expense of litigation. The fault ground of desertion still must be proved through a court hearing, but a mediated settlement agreement on the remaining issues simplifies the final steps.
What does a desertion divorce cost in Colonial Heights?
Costs vary depending on whether the divorce is contested and the complexity of property and custody disputes. Filing fees are set by the court, and service-of-process fees apply. Attorney fees are based on the time and work required. During an initial consultation, we discuss fee structures and how to plan for the costs of your case. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your matter.
What should I bring to a consultation about a desertion divorce?
Bring any documentation related to the marriage and the desertion, including the date your spouse left, evidence of their absence, financial records, and any existing court orders involving the family. Also helpful are tax returns, bank statements, deeds, titles, and information about children’s schedules and expenses. The more complete the picture, the better we can advise you on strategy.
Can I file for divorce right away after my spouse leaves?
You cannot file on the ground of desertion until one full year of willful abandonment has passed, but you may file earlier on other grounds if they apply. If you and your spouse have minor children and have signed a property settlement agreement, you could potentially file a no-fault divorce after six months of separation, even if the separation began as a desertion. Consulting with a lawyer soon after the desertion helps you understand your options and start gathering evidence.
How does a desertion divorce affect spousal support in Virginia?
Desertion can influence the amount and duration of spousal support because fault is one of the statutory factors the court considers. Under Va. Code § 20-107.1, the judge looks at the circumstances that contributed to the marriage breakdown. A spouse who abandoned the other without cause may be required to pay support or may be barred from receiving it, depending on the facts. The court balances fault against the economic needs and resources of each party.
For a comprehensive statutory analysis of Virginia divorce grounds, visit our main site’s family law section.
To discuss your situation and learn how we can help you move forward after desertion, call (888) 437-7747 or visit our Richmond location by appointment.
Richmond Location — By Appointment
7400 Beaufont Springs Drive, Suite 300, Room 395
Richmond, VA 23225
(804) 201-9009
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