Desertion Divorce Lawyer Hanover County — What Are Your Grounds?
Desertion is a fault-based ground for divorce in Virginia under Va. Code § 20-91, requiring proof your spouse willfully abandoned you for at least one year with intent to end the marriage. A desertion divorce lawyer Hanover County from Law Offices Of SRIS, P.C. can help you prove this ground in Hanover County Circuit Court.
Last verified: April 2026 | Hanover 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), you can file for divorce if your spouse has “willfully deserted or abandoned you” for one year or more. This is distinct from a no-fault separation. Proving desertion requires evidence of both the physical departure and the intent to end the marital relationship. The one-year period must be continuous and without your consent or justification. A spouse abandonment lawyer Hanover County can gather the necessary evidence, such as witness testimony, communication records, and proof of separate living arrangements, to establish your case before the Hanover County Circuit Court.
Official Legal Resources
For the full text of Virginia’s divorce statutes, see Va. Code § 20-91 (official Virginia General Assembly). For local court procedures, visit the Hanover County General District Court website.
Proving Desertion in Hanover County Court
Successfully arguing a desertion case in Hanover County requires a clear strategy. The court needs convincing evidence that the departure was willful, without your agreement, and lasted an uninterrupted year. Common defenses include claims of constructive desertion (where the leaving spouse argues they were forced out) or that the separation was mutually agreed upon. An abandonment divorce grounds lawyer Hanover County from our firm can anticipate these defenses. We prepare by documenting the date of departure, showing the lack of cohabitation, and demonstrating the abandoning spouse’s intent through their actions and communications.
- Consult with a desertion divorce lawyer Hanover County to evaluate the strength of your case and the evidence needed.
- Gather Documentation proving the date of departure, separate residences, and lack of marital relations for one year.
- File a Complaint for Divorce on the grounds of desertion with the Hanover County Circuit Court clerk.
- Serve the Complaint on your spouse according to Virginia law.
- Present Your Evidence at a hearing to prove the elements of willful desertion.
- Obtain the Final Decree if the court finds the grounds are met.
Potential Outcomes in a Desertion Divorce
In Hanover County, a divorce based on desertion can affect spousal support and equitable distribution, as fault may be considered by the court under Va. Code § 20-107.1.
While Virginia is an equitable distribution state, proving fault like desertion can influence the court’s decisions on financial matters. The judge may consider the desertion when determining spousal support awards and the division of marital assets. However, child custody and support are decided based on the child’s best interests, regardless of marital fault.
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 family law cases. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving our firm deep insight into Virginia divorce law. We have a documented record of favorable outcomes for clients across Virginia, including in Hanover County.
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 Mr. Sris, founder and managing attorney, whose background as a former prosecutor and his legislative work on Virginia family law provides a strategic advantage in complex divorce cases.
Case Results in Hanover County
Our firm has achieved favorable results for clients in Hanover County courts across various practice areas. For example, we have secured dismissals in traffic matters such as Reckless Driving by Speed and Fail to Obey Highway Marking in Hanover General District Court.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Hanover County Desertion Divorce Lawyer
Our Richmond location serves clients in Hanover County. We are accessible via I-95 and Route 301, near landmarks like the historic Hanover Courthouse. We serve the communities of Mechanicsville, Ashland, Atlee, Beaverdam, and Doswell.
Desertion divorce lawyer near Hanover County Circuit Court.
Availability: 24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (804)201-9009 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
By appointment only.
Desertion Divorce in Hanover County: FAQs
What is the legal definition of desertion in a Virginia divorce?
Yes. Desertion is the willful abandonment of one spouse by the other for at least one year, without consent and with the intent to end the marital relationship. It is a fault ground under Va. Code § 20-91(6).
Can I get a divorce for desertion if my spouse left less than a year ago?
No. The one-year desertion period must be complete and uninterrupted before you can file. If it has been less than a year, you may need to wait or explore other grounds like cruelty or a no-fault separation.
How does proving desertion affect my divorce settlement?
It depends. While Virginia divides property equitably, fault can be a factor. Proving desertion may influence a judge’s decision on spousal support (alimony) under Va. Code § 20-107.1, potentially resulting in a more favorable award for the deserted spouse.
What if my spouse claims I drove them away (constructive desertion)?
This is a common defense. Your spouse may argue your conduct justified their leaving. A skilled spouse abandonment lawyer Hanover County can counter this by presenting evidence that your actions did not constitute cruelty or justify abandonment, defending your position for a fault-based divorce.
Where do I file for a desertion divorce in Hanover County?
You file a Complaint for Divorce with the Hanover County Circuit Court, located at 7507 Library Drive, Suite 201, Hanover, VA 23069. The court handles all divorce, equitable distribution, and spousal support matters for the county.
For more information, see our Virginia Family Law hub page. We also assist with criminal defense in Hanover County and family law in Henrico County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.