Desertion Divorce Lawyer New Kent County — What Are Your Options?
Desertion is a fault-based ground for divorce in Virginia under Va. Code § 20-91. If your spouse has abandoned 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.
Last verified: April 2026 | New Kent County General District Court | Virginia General Assembly
Virginia Desertion Divorce Law
Virginia law defines desertion as the voluntary separation of one spouse from the other, without justification and without the consent of the other spouse, with the intent to abandon the marriage. To prove desertion for a divorce, you must show the abandonment has continued for at least one year. This is distinct from a no-fault separation divorce. A spouse abandonment lawyer New Kent County can gather evidence such as witness testimony, communication records, and proof of separate residences to establish your case.
Official Legal Resources
For the full text of Virginia’s divorce statutes, see Va. Code Title 20, Chapter 6 (official Virginia General Assembly). For local court procedures, visit the New Kent County Courts website.
Proving Desertion in New Kent County Circuit Court
Successfully proving desertion requires a specific factual showing. The abandoning spouse must have had the intent to end the marital relationship. Merely living apart for a year under an agreement does not constitute desertion. In New Kent County Circuit Court, judges look for clear evidence of this intent.
- Consult a desertion divorce lawyer New Kent County to evaluate the strength of your fault-based claim versus a no-fault separation.
- Gather Documentation proving the date of abandonment, lack of consent, and your spouse’s intent (e.g., texts, emails, witness statements).
- File a Complaint for Divorce on the grounds of desertion with the New Kent County Circuit Court clerk, paying the required filing fee.
- Serve Your Spouse with the divorce papers formally, as required by Virginia law.
- Present Your Evidence at a Hearing, where a judge will determine if the desertion ground is met.
- Obtain the Final Decree if the court finds in your favor, resolving all related issues like support and property.
Potential Outcomes in a Desertion Case
In New Kent County, a successful desertion divorce can impact spousal support awards and the division of marital property, as fault may be considered by the court.
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Desertion Divorce
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. Our deep understanding of Virginia’s fault-based divorce statutes, including the equitable distribution law personally amended by Mr. Sris, allows us to build strong, evidence-driven cases for clients facing 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
Case Results in New Kent County
Our firm has a documented record of favorable outcomes in New Kent County family law matters. We have achieved resolutions for clients facing complex divorce and custody issues.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our New Kent County Desertion Divorce Lawyer
Our Richmond location serves clients in New Kent County, Providence Forge, and Quinton. We are accessible via I-64 and Route 33.
Desertion divorce lawyer near New Kent County Courthouse.
Availability: 24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (804)201-9009 — meetings by appointment only.
Law Offices Of SRIS, P.C.
Richmond Location
7400 Beaufont Springs Dr Suite 300 Room 359
Richmond, VA 23225
By appointment only.
Desertion Divorce in New Kent County: FAQs
What is the difference between desertion and separation in Virginia?
It depends. Desertion is a fault ground requiring one spouse to abandon the other for a year without consent or justification. A no-fault separation simply requires living apart for a statutory period (6 months or 1 year) by agreement or circumstance.
Can I get a divorce for abandonment if my spouse left less than a year ago?
No. Virginia law requires the desertion to continue for at least one full year before you can file for divorce on that specific ground. You may explore other fault grounds or file for a no-fault divorce after the required separation period.
How does proving desertion affect my divorce?
Proving desertion can influence a judge’s decisions on spousal support and the equitable division of marital property. The court may consider the fault of desertion when determining what is fair, potentially resulting in a more favorable financial outcome for the abandoned spouse.
What evidence do I need for a desertion divorce?
You need evidence proving the date your spouse left, that you did not consent to the separation, and that they intended to abandon the marriage. Useful evidence includes written communication, witness testimony, proof of separate residences, and records showing a refusal to reconcile or provide support.
Do I need a lawyer for a desertion divorce in New Kent County?
Yes. Proving the specific legal elements of desertion is complex. A spouse abandonment lawyer New Kent County can gather necessary evidence, handle court procedures, and advocate effectively to ensure your fault-based claim is properly presented to the judge.
For more information, see our Virginia Family Law hub page. We also assist with criminal defense in New Kent County and DUI defense.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.