Desertion Divorce Lawyer Colonial Heights, VA
You and your spouse have built a life together in Colonial Heights, Virginia. But now your spouse has walked out — abandoned the home, left you with the bills, cut off contact without justification. The emotional toll is heavy. You may be wondering if you can move forward with a divorce on the ground of desertion, and what that means for your property, your finances, and your family. Desertion, or willful abandonment for at least one year, is a recognized fault ground for divorce under Virginia law. At Law Offices Of SRIS, P.C., we handle desertion divorce matters for clients in Colonial Heights and throughout the Richmond area. Call (888) 437-7747 to discuss your situation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Pursuing or Defending a Desertion Divorce in Colonial Heights
Whether you are the spouse who was left behind or the spouse accused of abandonment, desertion divorce proceedings can be challenging. For the moving party, proving willful desertion requires evidence that the other spouse left without justification, intended the separation to be permanent, and remained away for the required statutory period. This may include records of changed mailing addresses, bank statements showing new residences, communication logs, and testimony from witnesses. A spouse who left due to cruelty or constructive desertion may have a defense, and the court will examine the circumstances closely.
The Virginia divorce code, specifically Va. Code § 20-91, lists willful desertion or abandonment for one year as one of the fault-based grounds for an absolute divorce. Because fault can affect spousal support and property distribution, understanding your rights early is critical. Our firm represents clients on both sides — those filing for divorce on desertion grounds and those contesting a desertion allegation. We work to position you for a favorable result, whether through negotiation, mediation, or trial in the Colonial Heights Circuit Court.
What to Expect in a Colonial Heights Desertion Divorce Case
Desertion divorce cases are filed in the Circuit Court of the City of Colonial Heights, which handles all divorce, equitable distribution, and spousal support matters. If the separation is recent, you may not yet meet the one-year requirement; you may need to wait until the statutory period runs. In the meantime, the court can enter pendente lite (temporary) orders for spousal support, child custody and support, and use of the marital home under Va. Code § 20-103. These orders help stabilize your situation while the divorce is pending.
After the one-year desertion period has elapsed, the plaintiff may file a complaint for divorce, alleging willful desertion as the ground. The defendant spouse must be properly served. If the defendant contests the desertion allegation, the court will hold an evidentiary hearing where both sides present testimony and evidence. Uncontested cases — where the defendant admits or does not dispute the desertion — can proceed more quickly, though the court still requires proof of residency and that the desertion continued for at least one year. The timeline for resolution depends on the court’s calendar and the complexity of the matter.
Consequences of a Desertion Divorce
A fault-based divorce on desertion grounds can influence the outcome of several key issues. Under Virginia’s equitable distribution statute, Va. Code § 20-107.3, the court considers the circumstances and factors that contributed to the dissolution of the marriage when dividing marital property. A finding of willful desertion by one spouse may lead the court to award a greater share of the marital estate to the innocent spouse. Similarly, spousal support determinations under Va. Code § 20-107.1 consider whether either spouse was at fault for the breakdown of the marriage.
Child custody and visitation are determined by the best interests of the child under Va. Code § 20-124.3. While desertion does not automatically bar a parent from custody, the court may consider how the abandonment reflects on that parent’s willingness to maintain a relationship with the child. Our attorneys help clients present the full picture to the court, so that the outcomes on property, support, and custody reflect the facts and are in your long-term interest.
Representation by Mr. Sris and His Of Counsel
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law in Virginia since 1997. A former prosecutor, he brings insight into courtroom dynamics and how the opposing side builds its case. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), which revised the equitable distribution statute. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York.
Mr. Sris is joined by a team of Of Counsel attorneys who handle family law matters throughout central Virginia. Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience. Results may vary. They have documented 4,739+ case results across all practice areas since 1997. Our Richmond location serves clients in Colonial Heights and surrounding communities, and we are available to discuss your desertion divorce questions at (888) 437-7747.
Frequently Asked Questions
What is willful desertion under Virginia law?
Willful desertion means one spouse intentionally leaves the marital home without the other spouse’s consent and without legal justification, intending the separation to be permanent. The abandoning spouse must have acted voluntarily and not been forced out by the other spouse’s misconduct. The desertion must continue uninterrupted for at least one year. The party alleging desertion bears the burden of proving these elements in court.
How do I prove desertion in a Colonial Heights divorce?
Proving desertion requires credible evidence that the other spouse left without justification and remained away for the statutory period. Documentary proof such as lease agreements, utility records, changed mailing addresses, phone records, text messages, and witness testimony can all be used. The court will consider whether the spouse who left had a reason — such as cruelty or constructive desertion — that would provide a defense. An experienced attorney can help gather and present the evidence necessary to meet your burden.
What if my spouse left but we still communicate — can I still claim desertion?
Yes, occasional communication does not necessarily defeat a desertion claim. The key question is whether the spouse who left has truly abandoned the marital relationship and intends the separation to be permanent. Even if they occasionally send messages or make phone calls, the court will look at the overall pattern of behavior to determine whether willful desertion exists.
Does desertion affect property division in a Virginia divorce?
Yes, a finding of desertion can influence how the court divides marital property. Virginia is an equitable division state, meaning property is not divided 50-50 but based on fairness. Under Va. Code § 20-107.3, the court considers the circumstances that led to the divorce, including fault. A spouse found to have willfully deserted the other may receive a smaller share of marital assets.
Can I get spousal support if my spouse deserted me?
A spouse who is the victim of desertion may be awarded spousal support. Courts examine 13 factors under Va. Code § 20-107.1, and the fault that contributed to the marriage’s end is one of them. Desertion by the other spouse can support a claim for maintenance, especially if you were financially dependent on that spouse and need time to become self-supporting.
How long does a desertion divorce take in Colonial Heights?
The total time for a desertion divorce varies, but you must first meet the one-year desertion statutory period before filing. Once the complaint is filed, an uncontested case may resolve in a few months; contested cases take longer, often nine months to over a year, depending on the court’s schedule and the complexity of the issues. Temporary orders can be obtained sooner to address support and custody needs while the case is pending.
What defenses are available if I am accused of desertion?
Common defenses to a desertion claim include showing that the departure was justified, such as in cases of cruelty or constructive desertion. You may also challenge whether the plaintiff met the burden of proving the one-year abandonment was uninterrupted and willful. A thorough review of the facts by an attorney can identify weaknesses in the plaintiff’s case and help you present a defense.
Do I need a lawyer for a desertion divorce in Colonial Heights?
You are not legally required to have an attorney, but desertion divorce cases involve complex legal and evidentiary issues that can significantly impact your property, support, and custody rights. Without legal guidance, you may miss deadlines, fail to present crucial evidence, or inadvertently prejudice your position. Consulting a Virginia desertion divorce lawyer helps you understand your options and protect your interests.
Can I file for desertion divorce if my spouse left and moved to another state?
Yes, you can file in Virginia if you meet the residency requirement — at least six months domiciliary residence in the Commonwealth. The fact that your spouse lives in another state does not prevent you from filing in Virginia, although service of process across state lines may require additional steps. The court will consider the facts as to whether the desertion has been continuous for the required period.
How does a Virginia lawyer defend against desertion divorce charges?
Defense strategies in a desertion divorce may include challenging the evidence, examining procedural compliance, and presenting evidence that the departure was justified. An experienced attorney evaluates the specific facts under Va. Code § 20-91 to build the strong $1. The goal is to either demonstrate that the required elements are not met or to seek a more favorable outcome on the related issues of property and support.
What should I do if I am facing desertion divorce charges in Virginia?
If you have been served with divorce papers alleging desertion, contact a family law attorney immediately. Do not ignore the filing; you have a limited time to respond. Preserve all relevant communications and documents. An attorney can assess the validity of the claim, advise you on your options, and help you respond to protect your rights in the proceeding.
For a full statutory analysis of Virginia divorce grounds and equitable distribution, see our comprehensive guide on srislawyer.com.
Our family law practice also serves nearby communities. Learn about representation in Fairfax County, Prince William County, and Manassas. For a broader overview, visit our Virginia family law hub.
Virginia statute references: Va. Code § 20-91 (grounds for divorce) · Va. Code § 20-107.3 (equitable distribution) · Colonial Heights Circuit Court
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