Desertion Divorce Lawyer Lexington — What Are Your Grounds?
If your spouse has abandoned you for a year or more, you may have grounds for a desertion divorce in Lexington, Virginia. Desertion is a fault-based ground under Va. Code § 20-91, requiring proof of a continuous, willful absence without consent or justification. A desertion divorce lawyer Lexington from Law Offices Of SRIS, P.C.
Last verified: April 2026 | Lexington Circuit Court | Virginia General Assembly
Virginia Desertion Divorce Statute
In Virginia, desertion is a statutory fault ground for divorce. The law, codified in Va. Code § 20-91, defines it as the willful desertion and abandonment of one spouse by the other for a continuous period of one year or more. This is distinct from a no-fault separation. To succeed on desertion grounds, you must prove your spouse left the marital home without your consent, without justification, and with the intent to end the marital relationship. The desertion must be continuous; a temporary separation or a departure with mutual agreement does not qualify. Proving these elements requires careful documentation and legal strategy.
- Gather Evidence: Document the date of departure, attempts at reconciliation, and any communication showing lack of consent.
- File a Complaint: Your lawyer files a Complaint for Divorce citing desertion under Va. Code § 20-91 at Lexington Circuit Court.
- Serve Your Spouse: The complaint must be formally served on your spouse, which can be challenging if their location is unknown.
- Prove Your Case: At a hearing, present evidence (witnesses, documents) to prove the one-year continuous desertion.
- Address Related Issues: The court will also decide on equitable distribution, support, and custody if applicable.
- Obtain Final Decree: If the court finds desertion is proven, it will grant a final divorce decree.
Why Fault Matters in a Lexington Desertion Case
Choosing to file for divorce on the grounds of desertion, rather than no-fault separation, is a strategic decision. Proving fault can influence the judge’s decisions on several key issues under Virginia’s equitable distribution and support laws.
In Lexington, proving desertion can affect spousal support awards and the division of marital assets under the factors in Va. Code § 20-107.1 and § 20-107.3.
| Potential Impact | Legal Context | Consideration |
|---|---|---|
| Spousal Support | Va. Code § 20-107.1 | The circumstances skilled to the divorce, including fault, are a factor a judge may consider in awarding support. |
| Equitable Distribution | Va. Code § 20-107.3 | While fault typically does not alter property division, negative monetary contributions (like wasting assets) related to the desertion may be considered. |
| Custody/Visitation | Va. Code § 20-124.3 | Abandonment of the family can be a factor in determining the child’s best interests. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Lexington Family Law Cases
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined attorney experience to complex family law matters. We have a deep understanding of Virginia divorce statutes, including the equitable distribution law (Va. Code § 20-107.3), which Mr. Sris personally helped amend. This insider legislative knowledge provides a unique advantage in building arguments for our clients, whether dealing with desertion, asset division, or support.
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
Lexington Desertion Divorce Case Results
Our firm has a documented record of achieving favorable outcomes for clients in Lexington courts. We have 14 total documented case results in Lexington across all practice areas with a 100% favorable outcome rate. In family law, favorable outcomes include successfully proving fault grounds, negotiating equitable settlements, and achieving fair support orders. For instance, our team has experience handling cases where a spouse’s abandonment was a central issue, requiring specific evidence and court presentation.
Results may vary. Prior results do not guarantee a similar outcome.
Mr. Sris, our managing attorney and a former prosecutor, provides critical oversight on complex strategy. His background in accounting and his role in amending Virginia’s equitable distribution statute offer a high-level perspective on financial aspects of divorce that often accompany desertion cases.
Desertion Divorce Lawyer Near Lexington, VA
Our Richmond location serves clients with family law matters at the Lexington Circuit Court. We represent individuals throughout the Lexington area and the surrounding communities.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr, Suite 300, Rm 395
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Lexington Desertion Divorce FAQs
What is the difference between desertion and separation in Virginia?
Desertion is a fault ground requiring one spouse’s willful, continuous abandonment for one year without consent. Separation is a no-fault ground based on living apart for a statutory period (6 months or 1 year) by mutual agreement or decree.
How do I prove my spouse deserted me?
You prove desertion with evidence showing the date they left, that you did not agree to the separation, and that they have not returned for over a year. Evidence can include witness testimony, lack of communication, records showing they established a separate residence, and your own testimony about the circumstances.
Can I get a divorce for desertion if I don’t know where my spouse is?
Yes. Virginia law allows for service by publication or other alternate means when a spouse’s location is unknown after a diligent search. Your lawyer can file a motion with the Lexington Circuit Court requesting permission to use alternate service so the divorce can proceed.
Does proving desertion guarantee me more property or alimony?
No. Proving desertion does not guarantee a specific outcome. It is one factor a judge may consider under Virginia’s spousal support and equitable distribution statutes. The impact depends on the full circumstances of your case.
What if my spouse left but we still talk occasionally?
It depends. Occasional contact or conversation does not automatically negate desertion. The key is whether you consented to the separation and whether the abandonment—the ending of the marital cohabitation—was willful and continuous. A lawyer can analyze your specific communications to advise on your grounds.
Related Legal Help in Lexington
If you are dealing with a spouse’s abandonment, you may also need guidance on related matters. Our firm assists with criminal defense in Lexington and DUI defense in Lexington. For all Virginia family law resources, visit our Virginia Family Lawyer hub page. We also assist clients in nearby jurisdictions like Henrico County and Chesterfield County.