Desertion Divorce Lawyer New Kent County — What Are Your Grounds?
Desertion is a fault-based ground for divorce in Virginia under Va. Code § 20-91. If your spouse has willfully deserted you for one year or more, you may file for a desertion divorce in New Kent County Circuit Court. A desertion divorce lawyer New Kent County from Law Offices Of SRIS, P.C. can help you prove the required elements.
Statutory Definition of Desertion in Virginia
Virginia law defines desertion as the voluntary separation of one spouse from the other, with the intent to remain apart permanently and without justification or consent. To establish grounds for a desertion divorce, you must prove your spouse willfully deserted you for a continuous period of at least one year. This is distinct from a no-fault separation divorce. The statute governing divorce grounds, including desertion, is Va. Code § 20-91.
Last verified: April 2026 | New Kent County Circuit Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia’s divorce statutes, refer to the official Virginia Code Title 20, Chapter 6. The New Kent County Circuit Court website provides local forms and filing information.
Proving Desertion in New Kent County Circuit Court
Successfully proving desertion requires specific evidence. The deserting spouse must have left the marital home without consent and with no intent to return. In New Kent County Circuit Court, you must demonstrate the desertion was willful and has lasted for the full statutory period. A spouse abandonment lawyer New Kent County can gather crucial evidence, such as witness testimony, communication records, and documentation of separate residences.
- Consult with a desertion divorce lawyer to evaluate your case.
- Gather evidence proving the willful desertion and one-year duration.
- File a Complaint for Divorce citing desertion as the ground in New Kent County Circuit Court.
- Serve the complaint on your spouse through proper legal channels.
- Present your evidence at a hearing if the case is contested.
- Obtain the final divorce decree from the court.
Potential Impacts of a Fault-Based Divorce
In New Kent County, a desertion divorce can influence the court’s decisions on spousal support and equitable distribution, as fault may be considered under Virginia law.
| Consideration | Potential Impact |
|---|---|
| Spousal Support | Desertion may be a factor the court considers under Va. Code § 20-107.1 when awarding support. |
| Equitable Distribution | While Virginia divides marital property equitably, marital misconduct like desertion can be a factor. |
| Custody & Support | Desertion typically does not directly impact child-related matters, which are based on the child’s best interests. |
| Timeline | A fault-based desertion case may proceed without the waiting period required for a no-fault separation divorce. |
Results may vary. Prior results do not guarantee a similar outcome.
Firm Authority in Family Law
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings over 120 years of combined legal experience to complex family law matters. Mr. Sris, our managing attorney, personally played a role in amending Virginia’s key equitable distribution statute, Va. Code § 20-107.3. This deep legislative insight informs our strategic approach to all divorce cases, including those based on fault grounds like 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
Documented Case Results
In New Kent County, our firm has a record of achieving favorable outcomes for clients. We have secured dismissals, reductions, and favorable settlements across various practice areas. Mr. Sris, our founder and a former prosecutor, provides oversight on complex family law strategies, leveraging his experience and his unique role in shaping Virginia family law.
Results may vary. Prior results do not guarantee a similar outcome.
Local Representation for New Kent County
Our Richmond location serves clients in New Kent County. We are familiar with the procedures at the New Kent County Circuit Court. If you need a spouse abandonment lawyer New Kent County, we are accessible. We serve the communities of New Kent, Providence Forge, and Quinton.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Desertion Divorce 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, and with the intent to end the marital cohabitation permanently.
How long must desertion last for a divorce in Virginia?
The desertion must be continuous and last for one full year or more before you can file for divorce on that ground in Virginia.
Can I get a divorce for abandonment if my spouse left but we still talk?
It depends. Occasional contact does not necessarily negate desertion if the core elements—willful separation, lack of consent, and intent to remain apart—are still met. A lawyer can analyze your specific communications.
Does desertion affect child custody in Virginia?
No. Child custody determinations in Virginia are based solely on the best interests of the child under Va. Code § 20-124.3. Desertion is not one of the statutory factors, though the circumstances of the separation may be relevant.
What evidence do I need for a desertion divorce?
Evidence can include proof of separate residences (leases, bills), witness statements, written communications showing a refusal to return, and documentation establishing the start date of the separation.
Related Legal Information
For more on Virginia divorce law, see our Virginia Family Law hub page. If you are in a neighboring area, consider our family lawyer in Henrico County or family lawyer in Chesterfield County. For other legal needs in New Kent, we also handle criminal defense and DUI defense.
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.