Desertion Divorce Lawyer Fauquier County — What Are Your Grounds?

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, you may file for a desertion divorce in Fauquier County Circuit Court. A desertion divorce lawyer Fauquier County from Law Offices Of SRIS, P.C. can help you prove the required elements. We have 73 documented case results in this locality.

Last verified: April 2026 | Fauquier County General District Court | Virginia General Assembly

Virginia Desertion Divorce Statute

Virginia law provides specific fault grounds for divorce, including desertion. Under Va. Code § 20-91(6), a court may grant a divorce from the bonds of matrimony when either party has deserted or abandoned the other, and such desertion or abandonment has continued for a period of one year. Unlike a no-fault divorce based on separation, a desertion divorce does not require a mutual agreement to live apart. The abandoning spouse must have left without justification and with the intent to end the marital relationship. Proving this intent and the one-year duration is critical. Our desertion divorce lawyer Fauquier County team understands the evidence needed for these cases.

Official Legal Resources

For the full text of Virginia’s divorce statutes, visit the Virginia General Assembly website (Va. Code Title 20, Chapter 6). The Fauquier County Circuit Court website provides local forms and filing information.

Proving Desertion in Fauquier County Court

Successfully arguing a desertion case in Fauquier County Circuit Court requires meeting a specific legal standard. The plaintiff must prove the spouse left the marital home without consent, without justification, and with the intent to abandon the marriage. The desertion must be continuous for one full year before filing. In Fauquier County, judges look for clear evidence of intent, which can be shown through cessation of cohabitation, lack of communication, and failure to provide support.

Gather evidence of the abandonment date (e.g., when your spouse left, changed locks, stopped communication).
Document the one-year period with dated records, showing no reconciliation or resumption of marital relations.
File a Complaint for Divorce on the grounds of desertion with the Fauquier County Circuit Court Clerk’s Office.
Serve the complaint on your spouse according to Virginia law.
Present your evidence at a hearing to prove the elements of desertion to the judge.

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 your case. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), demonstrating deep involvement in Virginia family law. For abandonment divorce grounds lawyer Fauquier County representation, we provide focused strategy.

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 Fauquier County

Law Offices Of SRIS, P.C. has 73 total documented case results across all practice areas in Fauquier County, with a 97% favorable outcome rate. These results include favorable resolutions in family law matters.

Results may vary. Prior results do not guarantee a similar outcome.

Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.

Our Fairfax location serves clients at the Fauquier County courts. We provide representation for residents in Warrenton, New Baltimore, Bealeton, Marshall, and The Plains. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.

Desertion Divorce FAQs

What is desertion in a Virginia divorce?

Yes. Desertion is a fault ground where one spouse abandons the other without justification and with intent to end the marriage, continuing for one year under Va. Code § 20-91(6).

How long must desertion last for a divorce in Virginia?

One year. The abandonment must be continuous for a full year before you can file for a desertion divorce in Fauquier County Circuit Court.

Can I get a divorce if my spouse left but we still talk?

It depends. Occasional contact does not necessarily break the desertion period, but it can complicate proving the intent to abandon the marriage. A spouse abandonment lawyer Fauquier County can evaluate your specific situation.

What is the difference between desertion and separation?

Desertion is a fault-based ground requiring one spouse to abandon the other. A no-fault separation requires living apart by mutual agreement or acquiescence for a statutory period (6 months or 1 year).

Do I need a lawyer for a desertion divorce?

Yes. Proving the legal elements of desertion—intent and continuous abandonment—requires specific evidence and legal argument best handled by an experienced desertion divorce lawyer Fauquier County.

Related Legal Information

If you are dealing with a family law matter in Fauquier County, you may also need information on Virginia divorce law. For other local legal needs, consider our pages on Fauquier County criminal defense or Fauquier County DUI defense.

Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. for current guidance.