Desertion Divorce Lawyer Alexandria — Understanding Fault Grounds in Virginia
Desertion is a fault-based ground for divorce under Virginia law, specifically defined in Va. Code § 20-91. If your spouse has abandoned you for one year or more without justification, you may have grounds for a desertion divorce. A desertion divorce lawyer Alexandria from Law Offices Of SRIS, P.C.
Last verified: April 2026 | Alexandria Circuit Court | Virginia General Assembly
Virginia’s Legal Definition of Desertion
In Virginia, desertion is a statutory fault ground for divorce. Va. Code § 20-91(6) allows for divorce on the grounds of “willful desertion or abandonment” when one spouse leaves the marital home and lives separately for one year or more without cause and without the consent of the other spouse. This is distinct from a no-fault separation. Proving desertion requires demonstrating the departing spouse’s intent to end the marital relationship and the absence of a valid justification for leaving. A spouse abandonment lawyer Alexandria can gather the necessary evidence to establish this intent, which may include testimony about the circumstances of the departure, lack of communication, and failure to provide support.
Official Legal Resources
For the official statute, review Va. Code § 20-91 (official Virginia General Assembly). Alexandria divorce cases are filed at the Alexandria Circuit Court.
- Consult with a desertion divorce lawyer Alexandria to evaluate if your situation meets the legal definition.
- Your attorney will help you document the date of abandonment, attempts at reconciliation, and lack of support.
- File a Complaint for Divorce in Alexandria Circuit Court, citing desertion under Va. Code § 20-91(6).
- Serve the divorce papers on your spouse through a sheriff or process server.
- Prepare for potential litigation to prove the fault ground if your spouse contests the desertion claim.
- Address related issues of equitable distribution, support, and custody within the divorce proceeding.
Potential Impacts of a Desertion Finding
In Alexandria, a proven ground of desertion can affect spousal support awards and the overall equity of a settlement, as the court may consider marital misconduct.
| Issue | Potential Impact of Proven Desertion |
|---|---|
| Spousal Support | Court may award more favorable support to the abandoned spouse. |
| Equitable Distribution | Misconduct may be a factor in dividing marital assets, though not primary. |
| Legal Costs | Proving fault may increase litigation time and costs compared to an uncontested no-fault divorce. |
| Timeline | Contested fault divorce typically takes longer than an uncontested separation-based divorce. |
Results may vary. Prior results do not guarantee a similar outcome.
Firm Experience in Alexandria Family Law
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings extensive experience to complex family law matters. Mr. Sris, our managing attorney, personally played a role in amending Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating deep involvement in the state’s family law framework. For cases involving abandonment divorce grounds lawyer Alexandria services, our team understands the nuanced evidence required to prove fault.
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
Approach to Desertion Cases
We approach desertion cases by first conducting a detailed analysis of the facts to confirm the one-year abandonment timeline and absence of justification. We then strategize whether pursuing the fault ground offers a tangible benefit for your specific goals regarding support or property. Our team, including Mr. Sris with his background as a former prosecutor and statute-drafting experience, prepares compelling evidence for negotiation or trial. In Alexandria, we have documented case results assisting clients with various family law challenges.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Alexandria Desertion Divorce Lawyers
Our Arlington location serves clients in Alexandria. We are accessible for meetings by appointment.
Law Offices Of SRIS, P.C.
1655 Fort Myer Dr, Suite 700, Room No. 719
Arlington, VA 22209
Toll-Free: (888) 437-7747 | Local: 703-589-9250
By appointment only. 24/7 phone consultations.
We serve Alexandria, Old Town, Del Ray, and Kingstowne.
Desertion Divorce in Alexandria: Frequently Asked Questions
What is the difference between desertion and separation in Virginia?
Yes, there is a key difference. Desertion is a fault ground requiring one spouse to abandon the other without cause for one year. A no-fault separation simply requires living apart for a statutory period (6 months or 1 year) with or without mutual agreement.
Can I get a divorce for desertion if my spouse left but we still talk?
It depends. Occasional communication does not automatically negate a desertion claim, but it can complicate proving the necessary intent to abandon the marriage. The core question is whether the departing spouse intended to end the marital relationship. A spouse abandonment lawyer Alexandria can analyze your specific interactions.
How long must the desertion last in Virginia?
One year. Va. Code § 20-91(6) requires the “willful desertion or abandonment” to continue for one year or more before you can file for divorce on this ground.
What if I was the one who left the marital home?
If you left for a legally justified reason, such as due to cruelty or constructive desertion by your spouse, you may still have grounds for a fault-based divorce. Justified departure is not considered desertion. An abandonment divorce grounds lawyer Alexandria can assess whether your reason constitutes a valid defense or a separate fault ground.
Does proving desertion guarantee I will get spousal support?
No. While proven desertion is a factor a Virginia court must consider under Va. Code § 20-107.1 when awarding spousal support, it does not guarantee an award. The court weighs all 13 statutory factors, including need and ability to pay.