Desertion Divorce Lawyer Virginia Beach — What Are Your Options?
Desertion is a fault-based ground for divorce under Virginia law, requiring proof your spouse willfully abandoned you for at least one year. A desertion divorce lawyer Virginia Beach from Law Offices Of SRIS, P.C. can help you handle this complex process in Virginia Beach Circuit Court. We have documented case results in the area. Call (888) 437-7747 for a consultation by appointment.
Statutory Definition of Desertion in Virginia
In Virginia, desertion is a statutory fault ground for divorce defined under Va. Code § 20-91. It requires proving your spouse willfully deserted and abandoned you, without justification, for a continuous period of at least one year. This is distinct from a no-fault separation. The abandoning spouse must have the intent to end the marital cohabitation permanently. If you believe you are a victim of desertion, consulting with a desertion divorce lawyer Virginia Beach is a critical first step to understand your rights and the evidence required.
Last verified: April 2026 | Virginia Beach Circuit Court | Virginia General Assembly
Official Legal Resources
For the official text of Virginia’s divorce statutes, refer to the Virginia Code Title 20, Chapter 6. The Virginia Beach Circuit Court website provides local forms and procedural information for filing.
Procedural Edge in Virginia Beach
Virginia Beach Circuit Court handles all divorce, equitable distribution, and spousal support matters. Proving desertion requires clear evidence of the one-year abandonment and the deserter’s intent. A spouse abandonment lawyer Virginia Beach from our firm can help gather the necessary proof, which may include witness testimony, lack of cohabitation records, and evidence refuting any claimed justification for leaving.
- Consult with a desertion divorce lawyer Virginia Beach to evaluate your case.
- Gather evidence documenting the one-year period of abandonment and intent.
- File a Complaint for Divorce citing desertion in Virginia Beach Circuit Court.
- Serve the complaint on your spouse and proceed through discovery.
- Present your evidence at a hearing or negotiate a settlement.
- Obtain a final divorce decree from the court.
Potential Outcomes and Considerations
In Virginia Beach, a desertion divorce can finalize a marriage without a waiting period if proven, unlike a no-fault divorce which requires a separation period.
Proving desertion may influence other aspects of your divorce:
- Spousal Support: Fault, including desertion, is one of thirteen factors a Virginia court considers under Va. Code § 20-107.1.
- Equitable Distribution: While Virginia divides marital property fairly (equitable distribution), marital misconduct can be considered if it contributed to the dissolution of the marriage.
- Timeline: A contested fault divorce based on desertion may take longer than an uncontested no-fault divorce.
Results may vary. Prior results do not guarantee a similar outcome.
Firm Authority and Experience
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings over 120 years of combined legal experience to every case. 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 evolution of Virginia family law.
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
Our secondary attorney on complex family law strategy is Mr. Sris, the firm’s founder and a former prosecutor with a multi-state practice and a background in accounting and information systems that aids in complex financial divorce cases.
Documented Case Approach
In Virginia Beach, our firm has a documented record of handling family law matters. We focus on building a strong, evidence-based case, whether for a fault-based divorce like desertion or negotiating a settlement.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Virginia Beach Desertion Divorce Lawyer
Our Richmond location serves clients with cases in Virginia Beach courts. We are accessible via I-64 and other major highways.
Desertion divorce lawyer near Virginia Beach Oceanfront and Town Center. We serve the communities of Virginia Beach, Sandbridge, and Oceana.
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 Virginia Beach: FAQs
What is the legal definition of desertion in a Virginia divorce?
Yes. Under Va. Code § 20-91, desertion is the willful abandonment and desertion of one spouse by the other, without justification, for a continuous period of at least one year, with the intent to terminate the marital relationship.
How do I prove my spouse abandoned me for a desertion divorce?
It depends. You must prove the one-year continuous absence and your spouse’s intent to desert. Evidence can include testimony about the departure, lack of communication, separate residences, and refuting any claim they had justification to leave. A spouse abandonment lawyer Virginia Beach can help you compile this evidence.
Is a desertion divorce faster than a no-fault divorce in Virginia?
It depends. A no-fault divorce requires a 6-month or 1-year separation period before you can even file. A desertion divorce can be filed once the one-year abandonment is complete, potentially starting the process sooner, but it may take longer to litigate if contested.
Can desertion affect alimony or property division?
Yes. Virginia courts may consider marital fault, including desertion, when determining spousal support under Va. Code § 20-107.1. Fault can also be a factor in equitable distribution if it contributed to the marriage’s dissolution.
What if my spouse left but we still talk occasionally?
It depends. Occasional contact does not necessarily negate desertion if the core elements—willful abandonment, lack of cohabitation, and intent to end the marriage—are still met for the full year. The specific nature of the communication is important evidence.
For more information on divorce in Virginia, see our Virginia Family Law hub page. We also assist clients in nearby areas like Henrico County and Chesterfield County. If you need other legal services, we provide criminal defense and personal injury representation in Virginia Beach.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.