Desertion Divorce Lawyer Greene County — What Are Your Rights?
Desertion is a fault-based ground for divorce in Virginia under Va. Code § 20-91, requiring proof your spouse willfully abandoned you for at least one year. A desertion divorce lawyer Greene County from Law Offices Of SRIS, P.C. can protect your rights to spousal support and property division. Our firm has documented case results in Greene County. We provide 24/7 consultations.
Last verified: April 2026 | Greene County Circuit Court | Virginia General Assembly
Virginia Law on Desertion and Abandonment
Virginia law defines desertion as the willful abandonment and desertion of one spouse by the other, without justification, for a period of one year or more (Va. Code § 20-91(6)). This is distinct from a no-fault separation. Proving desertion requires evidence that your spouse left the marital home with the intent to end the marital relationship and has refused to return. A spouse abandonment lawyer Greene County can help gather the necessary proof, which may include witness testimony, communication records, and evidence of establishing a separate residence. Successfully proving desertion can impact the court’s decisions on spousal support and the equitable distribution of marital assets.
Official Legal Resources
For the full text of Virginia’s divorce statutes, visit the Virginia General Assembly website (Va. Code Title 20, Chapter 6). The Greene County Circuit Court website provides local forms, filing fees, and procedural rules for divorce cases.
Handling a Desertion Divorce in Greene County
In Greene County, a desertion divorce is filed in the Circuit Court. The process begins with filing a Complaint for Divorce, specifically alleging desertion as the ground. You must be prepared to prove the one-year period has passed. The court will require corroborating evidence, which is where an experienced desertion divorce lawyer Greene County becomes essential.
- Consult with a desertion divorce lawyer Greene County to evaluate your case and gather evidence of abandonment.
- File a Complaint for Divorce at the Greene County Circuit Court clerk’s office, citing desertion under Va. Code § 20-91(6).
- Serve the divorce papers on your spouse according to Virginia law, which may require a sheriff or process server if their location is known.
- Proceed with discovery to document the period of separation, intent, and any financial implications.
- Attend court hearings, where your attorney will present evidence to prove the desertion claim.
- Obtain the final divorce decree from the judge, which will also address related issues like support and property.
Potential Outcomes in a Desertion Case
In Greene County, a successful desertion divorce can affect spousal support awards and the division of marital property, as fault may be considered by the court.
| Issue | Consideration in Desertion Case |
|---|---|
| Spousal Support | The deserting spouse’s fault may be a factor, potentially skilled to a more favorable support award for the abandoned spouse. |
| Equitable Distribution | While Virginia divides property equitably (not 50/50), marital misconduct like desertion can influence the court’s division. |
| Legal Costs | The court may order the deserting spouse to contribute to the other spouse’s attorney’s fees. |
| Child Custody/Support | Desertion alone does not directly determine custody or child support, which are based on the child’s best interests and statutory guidelines. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Greene County Desertion Divorce
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to complex family law matters. Mr. Sris personally played a role in amending Virginia’s equitable distribution statute (Va. Code § 20-107.3), giving us deep insight into property division issues that often arise in fault-based divorces like desertion. We understand the sensitive nature of abandonment cases and provide dedicated, strategic representation.
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 and Client Focus
Our firm has a documented record of favorable outcomes across Virginia. In Greene County, we have achieved positive results for clients in family law and other practice areas. Mr. Sris, our managing attorney with a background as a former prosecutor, provides oversight and strategic direction on complex cases, ensuring every client receives experienced counsel.
Results may vary. Prior results do not guarantee a similar outcome.
Greene County Desertion Divorce Lawyer Near You
Our Fairfax location serves clients in Greene County. We are accessible via Route 29 and Route 33. If you need a desertion divorce lawyer Greene County or a spouse abandonment lawyer Greene County, we are here to help the communities of Stanardsville and Ruckersville.
24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Desertion Divorce in Greene County: FAQs
What is the difference between desertion and separation in Virginia?
Yes. Desertion is a fault ground requiring proof of willful abandonment for one year. A no-fault separation simply requires living apart for the statutory period (6 months or 1 year) without assigning blame.
Can I get a divorce for desertion if I don’t know where my spouse is?
It depends. Virginia allows for divorce by publication if a spouse’s whereabouts are unknown after a diligent search. A desertion divorce lawyer Greene County can guide you through the required steps to serve notice by publication in a local newspaper.
How does proving desertion affect my divorce?
Proving desertion can influence spousal support and property division. The court may consider the deserting spouse’s fault as a factor, potentially awarding more support or a larger share of assets to the abandoned spouse under Virginia’s equitable distribution laws.
What evidence do I need for a desertion divorce?
Evidence includes proof of the separation date (lease agreements, utility bills), communication showing refusal to reconcile, witness testimony, and documentation of your spouse establishing a new permanent residence with the intent to abandon the marriage.
How long does a desertion divorce take in Greene County?
Once the one-year desertion period is complete, an uncontested case may finalize in 2-4 months after filing. A contested desertion divorce, where fault is disputed, can take 9-18 months or longer in Greene County Circuit Court.
For more information, see our Virginia Family Law hub page. We also assist with criminal defense in Greene County and DUI defense.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.