Prince George County Desertion Divorce Lawyer — What Are Your Options?
Desertion is a fault-based ground for divorce in Virginia under Va. Code § 20-91, requiring proof your spouse willfully deserted you for at least one year. A desertion divorce lawyer Prince George County from Law Offices Of SRIS, P.C. can help you handle this complex process at the Prince George County Circuit Court.
Last verified: April 2026 | Prince George County General District Court | Virginia General Assembly
Virginia Desertion Divorce Law and Statute
In Virginia, desertion is a statutory fault ground for divorce. To prove desertion under Va. Code § 20-91(6), you must establish that your spouse willfully deserted or abandoned you and that the desertion has continued for at least one year without interruption before you file for divorce. This is distinct from a no-fault separation. Willful desertion means the leaving was voluntary and without justification or consent. If you are the spouse who was left, a spouse abandonment lawyer Prince George County can help gather the necessary evidence, which may include testimony about the date of departure, lack of cohabitation, and absence of marital relations. Defenses to a desertion claim can include constructive desertion (where the departing spouse was justified due to the other’s misconduct) or consent to the separation.
Official Legal Resources
For the full text of the law, see Va. Code § 20-91 (official Virginia General Assembly). For local court procedures, visit the Prince George County Combined Courts website.
Prince George County Desertion Divorce Process
Filing for divorce on grounds of desertion in Prince George County follows a specific fault-based procedure in Circuit Court. You must file a Complaint for Divorce that specifically alleges desertion, detailing the date and circumstances. Serving the complaint on your spouse is critical, and if they cannot be located, you may need to request service by publication—a process where a spouse abandonment lawyer Prince George County can provide essential guidance. The one-year desertion period must be complete before filing, and you must be prepared to prove it.
- Consult with a desertion divorce lawyer Prince George County to evaluate your case and the one-year timeline.
- Gather all evidence of the desertion: emails, texts, witness statements, and records showing separate residences.
- File a Complaint for Divorce alleging desertion at the Prince George County Circuit Court clerk’s office.
- Ensure proper legal service of the complaint on your spouse or pursue service by publication if needed.
- Prepare for potential court hearings where you will present evidence to prove the willful desertion.
Potential Outcomes and Considerations
In Prince George County, a desertion divorce can impact spousal support and equitable distribution, as fault may be considered by the court under Va. Code § 20-107.1.
| Issue | Consideration in Desertion Case |
|---|---|
| Spousal Support | Desertion can be a factor reducing or barring support for the deserting spouse. |
| Equitable Distribution | Fault may influence the division of marital assets, though it is not the primary factor. |
| Legal Costs | Fault-based divorces often involve more litigation and higher costs than uncontested no-fault cases. |
| Timeline | The one-year waiting period must pass before filing, potentially lengthening the process. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Desertion Divorce
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 the state’s family law framework. Our approach to desertion cases is thorough, focusing on clear evidence and strategic presentation in court.
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 Client Advocacy
In Prince George County and across Virginia, our firm has a documented record of advocating for clients. We have 7 total documented case results in this locality. Results may vary. Prior results do not guarantee a similar outcome. Our team, including Mr. Sris with his prosecutorial background and legislative experience, is prepared to build a strong case for your desertion divorce.
Contact Our Prince George County Desertion Divorce Lawyers
Our Richmond location serves clients in Prince George County. We are accessible via I-295 and Route 10. If you need a desertion divorce lawyer near Prince George County Courthouse or the Hopewell area, we can help.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Desertion Divorce in Prince George County: FAQs
What is considered desertion for divorce in Virginia?
It depends. Virginia law defines desertion as the willful abandonment of one spouse by the other for at least one year without justification or consent. It requires proof the leaving was voluntary and against the wishes of the spouse who remained.
How long do you have to be separated for a no-fault divorce vs. desertion?
For a no-fault divorce in Virginia, you need a 6-month separation (with a signed agreement and no minor children) or a 1-year separation. For desertion, the abandonment itself must last for one year, and it is a fault ground you must prove in court.
Can I get a divorce if my spouse abandoned me but I don’t know where they are?
Yes. If your spouse cannot be located for service, a desertion divorce lawyer Prince George County can file a motion for service by publication in the Prince George County Circuit Court after demonstrating a diligent search. This allows the divorce to proceed.
Does desertion affect spousal support in Virginia?
Yes. Under Va. Code § 20-107.1, fault-based grounds like desertion are factors the court can consider when awarding or denying spousal support. The deserting spouse may be barred from receiving support or have their award reduced.
What evidence do I need to prove desertion?
Evidence can include dated letters or messages showing you objected to the separation, witness testimony from friends or family, lease agreements or utility bills proving separate residences, and documentation of any attempts at reconciliation that were refused.
Related Legal Resources
If you are dealing with a divorce, you may also need information on Virginia family law. For other legal concerns in Prince George County, consider our criminal defense lawyers or DUI defense attorneys. For similar family law help nearby, see our Henrico County divorce lawyers.
Page Last verified: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance on your desertion divorce case.