Desertion Divorce Lawyer Virginia Beach — Fault-Based Divorce Defense
Desertion is a fault ground for divorce in Virginia under Va. Code § 20-91(6). If your spouse has abandoned you for one year or more, you may file for a desertion divorce. A desertion divorce lawyer Virginia Beach from Law Offices Of SRIS, P.C. can help you prove this fault ground, which can impact spousal support and property division.
Last verified: April 2026 | Virginia Beach Circuit Court | Virginia General Assembly
Virginia Desertion Divorce Law
Desertion, also called abandonment, is a statutory fault ground for divorce in Virginia. The law is defined in Va. Code § 20-91(6). To prove desertion, you must show your spouse willfully deserted or abandoned you and that this abandonment has continued for at least one year before you file for divorce. The desertion must be against your wishes and without justification. A spouse abandonment lawyer Virginia Beach can gather evidence like witness statements, financial records, and communication logs to build your case.
Proving Desertion in Virginia Beach Circuit Court
Virginia Beach Circuit Court handles all fault-based divorce cases, including those based on desertion. The court requires clear and convincing evidence that your spouse left the marital home without your consent and with the intent to end the marital relationship. Simply living apart is not enough if both parties agreed to the separation. A desertion divorce lawyer Virginia Beach will help you document the timeline, the lack of consent, and the intent behind the abandonment.
- Consult with a desertion divorce lawyer Virginia Beach to review your case facts and the one-year timeline.
- Your attorney will help gather evidence of the abandonment, such as bank statements, emails, texts, and witness affidavits.
- Your lawyer will file a Complaint for Divorce citing desertion as the ground at the Virginia Beach Circuit Court.
- The complaint must be properly served on your spouse, who then has 21 days to file an Answer.
- If the case is contested, your attorney will prepare for hearings to present evidence of desertion.
- If proven, the court can grant the divorce and make rulings on related issues like support and property.
Consequences of a Fault-Based Desertion Divorce
In Virginia Beach, a successful desertion divorce is a fault-based decree that can influence the court’s decisions on spousal support and the equitable distribution of marital assets.
| Legal Aspect | Potential Impact of Proven Desertion |
|---|---|
| Spousal Support | The court may consider desertion as a factor when awarding support, potentially favoring the deserted spouse. |
| Equitable Distribution | Marital misconduct like desertion can be a factor in dividing property, though it is not the primary consideration. |
| Divorce Timeline | A fault-based desertion case may proceed without the 6-month or 1-year separation period required for no-fault divorce. |
| Legal Costs | Contested fault divorces often involve more litigation, potentially increasing attorney fees and court costs. |
Results may vary. Prior results do not guarantee a similar outcome.
Virginia Beach Family Law Experience
Law Offices Of SRIS, P.C. was founded in 1997. Our firm has over 120 years of combined attorney experience. In Virginia Beach, we have 8 documented family law case results. Mr. Sris, our managing attorney, personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3. This deep knowledge of Virginia family law is applied to every case, including complex fault-based divorces like those involving desertion or abandonment.
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
Our team includes experienced counsel like Mr. Sris, a former prosecutor who founded the firm and has a multi-state practice. His background in accounting provides an advantage in complex financial cases often involved in divorce.
Case Results in Virginia Beach
Our firm has a documented record in Virginia Beach courts. We have 8 total documented case results across all practice areas in this locality, with a 100% favorable outcome rate. These results demonstrate our commitment to effective representation in the local legal field.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Virginia Beach Desertion Divorce Lawyer
Our Richmond location serves clients with cases in Virginia Beach courts. We are accessible via I-64 and I-264. We serve Virginia Beach, Sandbridge, and Oceana. A desertion divorce lawyer Virginia Beach near you is available for a consultation.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
24/7 phone consultations — meetings by appointment only.
Desertion Divorce in Virginia Beach: FAQs
What is considered desertion in a Virginia divorce?
It depends. Desertion under Va. Code § 20-91(6) requires a spouse to willfully abandon the other for at least one year without consent and without justification. It involves both physical separation and the intent to end the marital relationship.
How long do you have to be separated for a desertion divorce in Virginia?
The abandonment must have continued for at least one year before you file the divorce complaint. This is different from a no-fault separation period. A spouse abandonment lawyer Virginia Beach can confirm if your timeline meets the legal requirement.
Can I get a divorce for desertion if my spouse left but we still talk?
It depends. Occasional contact does not necessarily negate desertion if the essential marital relationship has ended and cohabitation has ceased against your wishes. The key is the intent to abandon the marriage, not just the home.
How does proving desertion affect my divorce?
Proving desertion results in a fault-based divorce decree. Virginia courts may consider this fault when deciding spousal support and, to a lesser extent, the equitable division of marital property under Va. Code § 20-107.3.
What evidence is needed for a desertion divorce?
Evidence can include proof of separate residences (leases, utility bills), cessation of financial support, written communications showing a refusal to reconcile, and witness testimony about the abandonment and lack of consent.
For more information on Virginia divorce law, visit the Virginia Judicial System website. If you are facing a desertion divorce, contact a desertion divorce lawyer Virginia Beach at Law Offices Of SRIS, P.C. today. We also assist with related matters like divorce in Henrico County and criminal defense in Virginia Beach. See our Richmond office page for more details.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.