Desertion Divorce Lawyer Prince George County — Fault-Based Divorce Defense
Desertion is a fault-based ground for divorce under Virginia law, specifically Va. Code § 20-91(6), requiring proof your spouse willfully deserted you for one year or more. A desertion divorce lawyer Prince George County from Law Offices Of SRIS, P.C. can help you handle this complex fault ground, which can impact spousal support and property division.
Last verified: April 2026 | Prince George County Circuit Court | Virginia General Assembly
Virginia Desertion Divorce Law & Statute
In Virginia, desertion is a statutory fault ground for divorce. To prove desertion, you must establish that your spouse willfully deserted or abandoned you and that the desertion has continued for at least one year without interruption before you file for divorce. The statute requires the desertion to be against your wishes and without justification. This is distinct from a no-fault separation. Mr. Sris, founder of our firm, personally amended Virginia’s equitable distribution statute, bringing deep insight into how fault grounds like desertion can influence a case.
Official Legal Resources
For the full text of the law, see Va. Code § 20-91 (official Virginia General Assembly). All desertion divorce cases are filed in the Prince George County Circuit Court.
Prince George County Desertion Divorce Process
Filing a desertion divorce in Prince George County involves specific procedural steps. You must file a Complaint for Divorce in the Circuit Court, clearly alleging desertion as the ground and providing details of the one-year period. The court requires corroborating evidence, which can include witness testimony, documentation of separate residences, or communications. Unlike an uncontested no-fault divorce, a fault-based case often involves discovery and potentially a trial if the desertion is contested.
- Consult a Desertion Divorce Lawyer: Discuss the facts of your case, the one-year timeline, and evidence strategy.
- File the Complaint: Your lawyer drafts and files the Complaint for Divorce alleging desertion at the Prince George County Circuit Court clerk’s office.
- Serve Your Spouse: The complaint must be legally served on your spouse, giving them 21 days to respond.
- Gather Corroborating Evidence: Work with your attorney to collect evidence proving willful desertion for the required period.
- Negotiate or Proceed to Trial: If the desertion is admitted, the case may settle. If contested, prepare for a hearing to prove your case.
- Attend the Final Hearing: Present evidence to the judge to obtain the final divorce decree.
Potential Impacts of a Desertion Divorce
In Prince George County, proving desertion can influence spousal support awards and the court’s discretion in equitable distribution, though Virginia remains an equitable distribution state.
| Aspect | Consideration in Desertion Case |
|---|---|
| Spousal Support | The court may consider the desertion as a factor when determining the amount and duration of support. |
| Property Division | Fault does not automatically change the division but can be a factor under Va. Code § 20-107.3. |
| Timeline | A contested fault divorce typically takes longer than an uncontested no-fault divorce. |
| Legal Costs | Contested proceedings involving fault grounds generally incur higher litigation costs. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Desertion Divorce Case
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex family law matters. Mr. Sris personally amended Virginia’s key equitable distribution statute (Va. Code § 20-107.3), giving our team unparalleled insight into how fault grounds like desertion intersect with property division and support. We understand the evidentiary burden required in Prince George County Circuit Court.
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 & Client Advocacy
While specific results are confidential, our firm-wide record includes 4,739+ documented case results with a 93%+ favorable outcome rate across Virginia, Maryland, New Jersey, New York, and DC. In Prince George County, we have 7 total documented case results across all practice areas. Our approach in desertion cases involves meticulous evidence gathering and clear presentation to the court.
Results may vary. Prior results do not guarantee a similar outcome.
Prince George County Desertion Divorce Lawyer Near You
Our Richmond location serves clients at the Prince George County courts (6601 Courts Drive). We are accessible via I-295, Route 10, and Route 36. If you need a spouse abandonment lawyer Prince George County, we are here to help.
Service Area: Prince George, Hopewell area.
Availability: 24/7 phone consultations — meetings by appointment only.
Contact: Law Offices Of SRIS, P.C.
Richmond Location — 7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Desertion Divorce in Prince George County: FAQs
What is considered desertion in a Virginia divorce?
It depends. Under Va. Code § 20-91(6), desertion requires a willful abandonment of the marital relationship for one continuous year, against the wishes of the other spouse and without justification. Simply living separately by mutual agreement is not desertion.
How do I prove my spouse abandoned me for a desertion divorce?
You need evidence showing the spouse left without your consent and with the intent to end the marriage. Evidence can include proof of separate residences (leases, utility bills), lack of communication, witness testimony about the abandonment, and any written statements from your spouse indicating they left.
Can I get a divorce for abandonment if we live in the same house?
Yes, in some cases. “Constructive desertion” may occur if one spouse’s behavior makes cohabitation intolerable, forcing the other to leave. However, this is a complex legal argument requiring specific proof that one spouse’s actions destroyed the marital relationship.
Does proving desertion guarantee I will get spousal support?
No. Proving desertion is one factor a Prince George County judge may consider among the 13 statutory factors for spousal support under Va. Code § 20-107.1. It does not guarantee an award but can influence the court’s decision regarding amount and duration.
How long does a desertion divorce take in Prince George County?
A contested desertion divorce typically takes 9-18 months or longer if complex issues like property division are involved. The one-year desertion period must be complete before you file, adding to the overall timeline compared to some no-fault options.
For more information on Virginia divorce law, see our Virginia Family Law hub page. We also assist with related matters in nearby areas like Henrico County and Chesterfield County. If you are facing other legal issues, consider our Prince George County criminal defense lawyers.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.