Desertion Divorce Lawyer Greene County — What Are Your Rights?
Desertion is a fault-based ground for divorce in Virginia under Va. Code § 20-91. If your spouse has abandoned you for one year or more without justification, you may file for a desertion divorce in Greene County. A desertion divorce lawyer Greene County from Law Offices Of SRIS, P.C. can help you prove willful desertion and pursue spousal support.
Virginia Desertion Divorce Law
Virginia law defines desertion as the voluntary separation of one spouse from the other, without justification and with the intent to remain apart permanently. To establish desertion as grounds for divorce, you must prove your spouse left the marital home without your consent and without a valid reason, and that this separation has continued for at least one year. The statute requires the desertion be willful and continuous. A spouse who leaves due to the other’s cruelty or constructive desertion may have a defense.
Last verified: April 2026 | Greene County Circuit Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia’s divorce statutes, see Va. Code Title 20, Chapter 6 (official Virginia General Assembly). Greene County divorce cases are filed at the Greene County Circuit Court.
Proving Desertion in Greene County Circuit Court
Successfully proving desertion requires specific evidence. The Greene County Circuit Court will look for proof of intent to abandon the marriage permanently. An experienced spouse abandonment lawyer Greene County knows how to gather the necessary documentation, which may include records showing the spouse established a separate residence, changed their mailing address, or ceased all communication and financial support. The court also considers whether you consented to the separation or if there was a valid justification for leaving.
- Consult a desertion divorce lawyer Greene County to evaluate your case and the one-year timeline.
- Gather evidence of the separation date, lack of contact, and your spouse’s new living arrangements.
- File a Complaint for Divorce on grounds of desertion with the Greene County Circuit Court clerk.
- Serve the divorce papers on your spouse, which may require a process server if their location is known.
- Attend court hearings to present your evidence of willful desertion.
- Obtain the final divorce decree if the court finds desertion is proven.
Potential Outcomes in a Desertion Divorce
In Greene County, a desertion divorce can impact spousal support and equitable distribution, as fault may be considered by the court.
| Issue | Potential Impact of Desertion |
|---|---|
| Spousal Support | The deserted spouse may have a stronger claim for support; fault can influence the amount and duration. |
| Equitable Distribution | While Virginia divides marital property fairly, fault like desertion can be a factor in the division. |
| Legal Fees | The court may order the deserting spouse to contribute to the other’s attorney’s fees. |
| Divorce Timeline | A fault-based desertion divorce can proceed once the one-year period is met, without a separate waiting period. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Desertion Divorce Case
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex family law matters. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating deep involvement in family law. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. We understand the sensitive nature of abandonment cases and provide direct, strategic representation.
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 Greene County
Our firm has a documented history of favorable results in Greene County courts across various practice areas. For instance, we have successfully secured reductions in serious traffic charges in Greene County General District Court. Results may vary. Prior results do not guarantee a similar outcome. Our secondary attorney on complex family law strategy is Mr. Sris, the firm’s founder and a former prosecutor who personally amended Virginia’s equitable distribution statute.
Local Greene County Divorce Lawyer
Our Fairfax location serves clients at the Greene County courts in Stanardsville. We are your local desertion divorce lawyer Greene County near Stanardsville and Ruckersville. We offer 24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (703) 636-5417 — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032
By appointment only.
Desertion Divorce in Greene County: FAQs
What is considered desertion in a Virginia divorce?
It depends. Desertion requires one spouse to voluntarily leave the marital home without the other’s consent or justification, with the intent to end the marriage, and the separation must last for at least one continuous year before filing.
Can I get a divorce if my spouse abandoned me but we still talk?
Possibly, but it complicates the case. Occasional contact does not necessarily negate desertion if the essential marital relationship has ended and you are living separately. An abandonment divorce grounds lawyer Greene County can analyze your specific communications to determine if the required intent to desert exists.
How long do I have to wait to file for divorce based on desertion in Virginia?
One year. You must wait until the desertion has continued for a full year before you can file the Complaint for Divorce in Greene County Circuit Court. The clock starts on the date of the initial abandonment.
What if I kicked my spouse out? Can they claim I deserted them?
No. If you justifiably asked your spouse to leave due to their misconduct (like cruelty), that may constitute constructive desertion on their part. In such cases, the spouse who was forced out may be considered the deserter. A spouse abandonment lawyer Greene County can help establish the context for the separation.
Does desertion affect child custody or property division?
It can. While the child’s best interests are paramount, a history of abandonment can reflect on a parent’s stability. Regarding property, fault like desertion is one of many factors a Virginia court may consider in equitable distribution and spousal support awards.
For more information on related legal issues, see our pages on Virginia Family Law, Fairfax County Divorce Lawyer, and Greene County Criminal Defense Lawyer.
Page last verified and updated: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.