Desertion Divorce Lawyer Virginia, VA
In Virginia, desertion is one of the fault-based grounds for divorce recognized under state law. When one spouse willfully leaves the marital home without justification and the abandonment lasts for one year or more, the other spouse may seek a divorce on the ground of desertion. Law Offices Of SRIS, P.C., founded in 1997, represents clients throughout the Commonwealth who are pursuing or responding to a desertion-based divorce. Mr. Sris, the firm’s Owner and Founder, is a former prosecutor who brings decades of litigation experience to family law matters. He and his Of Counsel serve individuals across Virginia from the firm’s Fairfax location. To request a consultation with a knowledgeable Virginia desertion divorce attorney, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Desertion Divorce Means in Virginia
Under Virginia law, desertion is defined as the intentional and willful abandonment of the marital relationship by one spouse, without the consent of the other, and with no intention to return. Va. Code § 20-91(7) lists desertion as a fault ground for divorce. To file for divorce on this basis, the complaining spouse must prove that the desertion was willful and continuous for at least one year. This is a fault-based claim, which means the court may consider the deserting spouse’s misconduct when deciding issues like spousal support and equitable distribution of marital property.
Desertion cases often involve nuanced factual questions: was the departure truly abandonment, or did the parties agree to separate? Did the departing spouse leave because of the other spouse’s fault, such as cruelty? Virginia courts look at the totality of the circumstances. It is important to work with an attorney who understands how local judges in Virginia evaluate evidence of desertion. Mr. Sris and his Of Counsel are experienced in handling fault-based divorce actions and can guide you through the factual and legal requirements in your jurisdiction.
How Mr. Sris and His Of Counsel Handle Desertion Divorce Cases
When you engage Law Offices Of SRIS, P.C. for a desertion divorce, Mr. Sris and his Of Counsel begin by thoroughly evaluating the facts. They gather evidence of the desertion, such as documentation of the spouse’s move, lack of communication, and any admission of intent to abandon the marriage. The goal is to build a well-supported case that meets Virginia’s statutory requirements. Because Virginia is an equitable distribution state, the classification and division of marital property can be affected by fault, and desertion is a factor the court may consider under Va. Code § 20-107.3.
The legal team handles all aspects of the proceeding, from filing the complaint in the appropriate Virginia Circuit Court to representing you at trial if the case is contested. Many desertion-based divorces settle before trial through negotiation or mediation. Mr. Sris and his Of Counsel seek to protect your interests while working toward a resolution that is fair under the circumstances. For clients requesting a consultation, the firm’s Fairfax location is available by appointment; reach them at (888) 437-7747 to discuss your situation.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. A former prosecutor, he is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His experience includes extensive family law litigation, and he personally leads the firm’s desertion divorce practice in Virginia. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), a bill that amended the equitable distribution statute, Va. Code § 20-107.3. His Of Counsel team brings over 120 years of combined legal experience and has achieved over 4,739 documented firm-wide results, with a focus on family law matters. Results may vary.
Frequently Asked Questions
What constitutes desertion in a Virginia divorce?
Desertion occurs when one spouse willfully and intentionally leaves the marital home without justification and without the other spouse’s consent, with no intention of returning. The abandonment must be continuous for a period of at least one year before it can serve as a fault ground for divorce. Simply moving out after a disagreement does not automatically equal desertion; the court examines the facts to determine whether the leaving was truly an unjustified abandonment of the marriage.
How long must a spouse be gone to file for divorce based on desertion in Virginia?
Under Va. Code § 20-91(7), the desertion must continue for a minimum of one year before the other spouse can file for divorce on that ground. The one-year period must be uninterrupted and the desertion must be willful. Time spent apart due to military deployment, work, or illness is not considered desertion. An attorney can help you establish the timeline and gather the evidence needed to prove the one-year requirement to the court.
Can I get a divorce based on desertion if my spouse left Virginia?
Yes, leaving Virginia does not prevent a desertion-based divorce so long as you meet the state’s residency and domicile requirements and can prove the elements of desertion. Virginia requires that at least one party be a resident and domiciliary of the state for six months before commencing a divorce suit. If your spouse left the marital home and moved to another state, you may still proceed in Virginia if you fulfill those jurisdictional requirements. The firm can advise you on service-of-process options in that situation.
Do I need a lawyer for a desertion divorce in Virginia?
While you are not required to have a lawyer, desertion divorce cases often involve complex factual and legal issues that benefit from experienced representation. Proving willful abandonment and tying it to property division, spousal support, and custody requires a thorough understanding of Virginia’s equitable distribution factors and the rules of evidence. Mr. Sris and his Of Counsel can manage the evidentiary demands and advocate for your interests throughout the proceeding.
How does desertion affect property division in a Virginia divorce?
Because Virginia is an equitable distribution state, the court may consider the circumstances that led to the dissolution of the marriage, including fault such as desertion, when dividing marital property. Under Va. Code § 20-107.3, the court examines multiple factors, and a finding of desertion could influence how assets and debts are allocated. It is not an automatic penalty, but it is one factor the judge weighs in reaching a fair outcome.
What should I bring to a consultation about desertion divorce?
Bring any documents that relate to the desertion, your spouse’s departure, and your marriage, including financial records, correspondence, and any evidence of the abandonment. Also bring tax returns, property deeds, bank statements, and information about your children. This helps Mr. Sris and his Of Counsel evaluate the strength of your desertion claim and provide practical advice on what to expect moving forward. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation.
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