Desertion Divorce Lawyer Henrico County — What Are Your Rights?
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 Henrico County Circuit Court. A desertion divorce lawyer Henrico County from Law Offices Of SRIS, P.C. can help you prove the elements of willful desertion and abandonment.
Last verified: April 2026 | Henrico County Circuit Court | Virginia General Assembly
Virginia Desertion Divorce Law
Virginia law defines desertion as the willful abandonment and desertion of one spouse by the other, without justification and without the consent of the spouse left behind, for a period of one year or more. This is a fault ground for divorce under Va. Code § 20-91. Unlike a no-fault separation divorce, proving desertion can impact decisions on spousal support and the equitable distribution of marital property. The case is filed in the Circuit Court where you reside, such as the Henrico County Circuit Court at 4301 East Parham Road.
Key Government Resources
- Va. Code § 20-91 (Official Virginia Law) – Lists all grounds for divorce, including desertion.
- Henrico County Circuit Court – Official court website for filing divorce cases.
- Consult a desertion divorce lawyer Henrico County to review your case and the one-year timeline.
- Gather evidence of the abandonment, such as lack of communication, changed locks, or the spouse establishing a separate residence.
- File a Complaint for Divorce on the grounds of desertion with the Henrico County Circuit Court clerk.
- Serve the divorce papers on your spouse, which may require a process server if their location is unknown.
- Attend court hearings to present evidence proving the desertion if your spouse contests the divorce.
- Obtain the Final Decree of Divorce from the judge, which will formally end the marriage.
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 family law cases. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving our team deep insight into how fault grounds like desertion can influence property division and support awards in Virginia courts.
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 Henrico County
Law Offices Of SRIS, P.C. has 21 total documented case results across all practice areas in Henrico County.
Results may vary. Prior results do not guarantee a similar outcome.
Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate across Virginia, Maryland, New Jersey, New York, and Washington D.C. For complex family law matters, Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight. His personal amendment of Va. Code § 20-107.3 demonstrates a unique understanding of Virginia divorce law.
Contact Our Henrico County Desertion Divorce Lawyer
Our Richmond location serves Henrico County clients. We are accessible from I-64, I-95, and I-295, near the Henrico County courts. If you need a spouse abandonment lawyer Henrico County, contact us for a consultation.
Law Offices Of SRIS, P.C. – Richmond
7400 Beaufont Springs Dr, Ste 300, Rm 395
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
We serve the communities of Glen Allen, Short Pump, Innsbrook, Tuckahoe, Highland Springs, and Mechanicsville.
Desertion Divorce in Henrico County: FAQs
What is considered desertion in a Virginia divorce?
Yes. Desertion is the willful abandonment of one spouse by the other for at least one year, without consent or justification. Proving it requires evidence the leaving spouse intended to end the marital relationship and did not have the other spouse’s permission to leave.
How long do I have to wait to file for a desertion divorce in Virginia?
The abandonment must have lasted for one continuous year or more before you can file the divorce complaint. The clock starts on the date the desertion began, and the one-year period must be complete before you file in Henrico County Circuit Court.
What if I cannot find my spouse to serve divorce papers?
If your spouse’s location is unknown after a diligent search, you may ask the court for permission to use alternative service, such as publication in a newspaper. A desertion divorce lawyer Henrico County can guide you through this process, which requires a court order.
Can desertion affect spousal support or property division?
Yes. While Virginia is an equitable distribution state, fault grounds like desertion can be considered by the judge when deciding spousal support (alimony) and the fair division of marital assets and debts under Va. Code § 20-107.3.
What evidence do I need to prove desertion?
Evidence can include testimony about the departure, lack of contact, proof the spouse established a new permanent home, copies of communications showing no intent to return, and testimony that you did not agree to the separation. An experienced spouse abandonment lawyer Henrico County can help compile this evidence.
For more information, see our Virginia Family Law overview. We also assist clients in nearby areas like Chesterfield County and Hanover County. If you have other legal needs, consider our Henrico County criminal defense lawyers.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.