Desertion Divorce Lawyer Chesapeake — What Are Your Grounds?
Desertion is a fault-based ground for divorce in Virginia under Va. Code § 20-91, requiring proof your spouse willfully deserted you for one year. A desertion divorce lawyer Chesapeake from Law Offices Of SRIS, P.C. can help you build the necessary case. We have handled 6 documented family law results in Chesapeake. Mr. Sris personally amended Virginia’s equitable distribution statute.
Last verified: April 2026 | Chesapeake Circuit Court | Virginia General Assembly
Virginia Desertion Divorce Law
In Virginia, desertion is a statutory fault ground for divorce. To prove desertion under Va. Code § 20-91(6), you must demonstrate 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 involves a spouse leaving the marital home without justification and with the intent to end the marital relationship. A spouse abandonment lawyer Chesapeake can analyze whether your situation meets the legal definition, as constructive desertion (where one spouse’s behavior forces the other to leave) may also apply.
Official Legal Resources
For the full text of Virginia’s divorce statutes, visit the Virginia Code Title 20, Chapter 6. For local court procedures and forms, refer to the Chesapeake Circuit Court website.
Proving Desertion in Chesapeake Circuit Court
Successfully arguing a desertion case in Chesapeake requires specific evidence. The court needs clear proof of the intent to desert and the one-year timeline. Corroborating witness testimony is often crucial.
- Gather Evidence: Collect proof of the departure date (lease agreements, change of address, witness statements) and communications showing refusal to return.
- File for Divorce: After the one-year period, file a Complaint for Divorce citing desertion as the ground at the Chesapeake Circuit Court.
- Serve Your Spouse: Ensure proper legal service of the divorce papers to provide notice of the proceedings.
- Present Your Case: At trial, present your evidence, including witness testimony, to prove willful desertion for the required duration.
- Address Related Issues: The court will also decide on equitable distribution, spousal support, and if applicable, child custody and support.
Potential Outcomes in a Desertion Divorce
In Chesapeake, a desertion divorce can impact spousal support and property division, as fault may be considered by the court under relevant statutes.
| Aspect | Consideration | Potential Impact |
|---|---|---|
| Divorce Granting | Proof of 1-year willful desertion | Fault-based divorce decree granted |
| Spousal Support | Va. Code § 20-107.1 factors | Desertion may affect amount/duration |
| Property Division | Va. Code § 20-107.3 (equitable distribution) | Fault is not a primary factor, but marital misconduct may be considered |
| Legal Costs | Contested fault ground trial | Generally higher than uncontested no-fault |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Desertion Case
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined attorney experience to complex family law matters. Our deep understanding of Virginia’s divorce statutes, including the equitable distribution law (Va. Code § 20-107.3) that Mr. Sris personally helped amend, allows us to build persuasive cases for clients facing abandonment. We focus on the strategic details of proving fault grounds like desertion.
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 & Client Focus
Our firm has a documented record in Chesapeake family law matters. While every case is unique, our approach is thorough. For instance, Mr. Sris, our managing attorney with a background as a former prosecutor, provides strategic oversight on complex issues like proving fault. We are committed to guiding you through the evidentiary challenges of a desertion divorce.
Results may vary. Prior results do not guarantee a similar outcome.
Local Chesapeake Divorce Lawyer
Our Richmond location serves clients with Chesapeake desertion divorce cases. We are accessible from Chesapeake via I-64 and other major routes. Serving Chesapeake, Deep Creek, Great Bridge, and Greenbrier.
Available 24/7: Toll-Free: (888) 437-7747 | Local: (804)201-9009
Richmond Location: 7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
By appointment only.
Desertion Divorce in Chesapeake: FAQs
What is the legal definition of desertion for divorce in Virginia?
It depends. Virginia law defines it as the willful abandonment of one spouse by the other for at least one year with the intent to end the marital relationship. The leaving must be without justification or consent.
How long do I have to wait to file for divorce based on desertion in Chesapeake?
One year. You must prove the desertion continued for a full year without interruption before filing your Complaint for Divorce in Chesapeake Circuit Court.
Can I get a divorce for desertion if my spouse left but we still talk?
It depends. Occasional communication does not necessarily break the desertion period if the spouse maintains the intent not to resume the marital relationship and cohabitation. A lawyer can assess if the contact constitutes a resumption of marital cohabitation.
Does proving desertion give me a better settlement in Virginia?
It can influence the outcome. While Virginia divides property equitably (not necessarily 50/50), fault like desertion can be a factor considered by the court when awarding spousal support under Va. Code § 20-107.1.
What evidence do I need for a desertion divorce case?
Strong evidence includes proof of the date they left (moving records, new lease), written or recorded statements showing their intent not to return, witness testimony from friends/family, and records showing you did not consent to the separation.
Related Practice Areas: Chesapeake Criminal Defense Lawyer | Chesapeake DUI Lawyer
Other Localities: Henrico County Divorce Lawyer | Chesterfield County Divorce Lawyer
State Hub: Virginia Divorce & Family Lawyer
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. for current legal guidance.