Desertion Divorce Lawyer Virginia Beach, VA
In Virginia Beach, a spouse seeking to end a marriage on fault grounds may turn to desertion as the legal basis. Under Va. Code § 20-91, desertion occurs when a spouse willfully abandons the marital relationship for a continuous period of one year. Mr. Sris and his Of Counsel at Law Offices Of SRIS, P.C. represent clients in desertion divorce proceedings heard at the Virginia Beach Circuit Court, serving Virginia Beach, Sandbridge, and Oceana. Whether you are filing on the ground of desertion or defending against such a claim, our firm addresses property division, spousal support, and related family law issues. Reach our location at (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What Desertion Divorce Means in Virginia Beach, VA
Desertion is a fault-based ground for divorce in Virginia. It is not simply a spouse moving out; it requires proof that the departing spouse voluntarily left the marital home without justification and remained away for an uninterrupted period of one year or longer, with the intent to end the marriage. Courts in the Virginia Beach Circuit Court examine whether the desertion was willful and whether the remaining spouse did not consent to the separation. Because desertion allegations can be fact-intensive, the outcome often turns on evidence such as communications, financial records, and testimony.
Under Virginia Code § 20-91, a spouse may file for divorce on the ground of desertion if the other spouse willfully abandoned the marital relationship for a period of one year.
Source: Va. Code § 20-91. Virginia Code § 20-91
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
In Virginia, fault grounds such as desertion can affect the division of marital property and the availability of spousal support. Under the equitable distribution system, a court may consider the circumstances that contributed to the dissolution of the marriage when deciding how to apportion assets and debts. A desertion finding can influence both the division and a request for support. Matters are filed as a Complaint in the Virginia Beach Circuit Court, which has exclusive jurisdiction over divorce and equitable distribution. Standalone custody, visitation, and child support proceedings may also be heard in the Virginia Beach Juvenile and Domestic Relations District Court.
How Mr. Sris and His Of Counsel Handle Desertion Divorce Cases
When a desertion-based divorce is filed, Mr. Sris and his Of Counsel begin by gathering the factual record—communication logs, testimony, and documentation that address the key elements of willfulness, duration, and absence of the spouse’s consent. The process may involve witness preparation, financial discovery, and evaluation of any counterclaims the responding spouse may raise. Our team works to present a clear legal and factual framework to the court while managing the procedural steps that move the case toward resolution.
Because desertion cases can involve emotionally charged disputes, Mr. Sris and his Of Counsel seek to resolve contested issues through negotiation or mediation when possible, while preparing thoroughly for trial if necessary. The timeline for a desertion divorce depends on court scheduling, the complexity of the issues, and whether the case is contested. The firm’s approach is to advance each client’s position while working toward a settlement that reflects the client’s practical interests, always mindful that litigation outcomes are never past results do not guarantee a similar outcome.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. He is a former prosecutor and is admitted to the bars of Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), a bill that revised Virginia’s equitable distribution statute. His Of Counsel team includes attorneys with extensive family law backgrounds who work collaboratively with Mr. Sris on desertion divorce matters. Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results. Results may vary.
Frequently Asked Questions
What is desertion as a fault ground for divorce in Virginia?
Desertion means a spouse’s willful abandonment of the marital relationship for one continuous year, without the other spouse’s consent. Under Va. Code § 20-91, desertion is a fault ground that does not require a separation agreement before filing. The moving party must show that the deserting spouse intended to end the marriage and that the separation was not the result of the filing spouse’s own misconduct or agreement. Evidence such as changed addresses, conduct, and communications often plays a central role.
How long must desertion last before I can file for divorce?
Virginia law requires a continuous period of one year of willful desertion before the ground can be used to file for divorce. The one-year clock starts when the deserting spouse leaves the marital home with the intent to abandon the marriage and the remaining spouse does not consent to the departure. If the deserting spouse returns, even briefly, the period may be interrupted, and the ground may no longer be available. The court will examine the specific facts of the separation.
How do I prove desertion in a Virginia divorce?
Proving desertion typically requires evidence showing willful departure, absence of the other spouse’s consent, and a continuous separation of one year or more. Documentary proof—such as text messages, emails, lease agreements, utility records, and financial statements—can help establish the timeline and intent. Testimony from the filing spouse and corroborating witnesses is often used. Our firm works with clients to compile the factual record needed to present the claim clearly to the court.
Can desertion affect property division or spousal support?
A finding of desertion can influence the equitable distribution of property and a request for spousal support in Virginia. The court may consider the circumstances that contributed to the dissolution of the marriage, including fault. A spouse found to have deserted the marriage may receive a reduced share of marital assets or be ordered to pay support. However, outcomes vary based on the specific financial situation and the court’s application of statutory factors.
How does a desertion divorce differ from a no-fault divorce?
A desertion divorce relies on proving fault, while a no-fault divorce requires only a separation period of six months (if no minor children and a signed agreement) or one year. Grounded in Va. Code § 20-91, desertion does not require a signed separation agreement, but it does demand evidence of willful abandonment. No-fault divorce may be simpler and less adversarial, but desertion may allow for a faster filing if the fault ground is clearly established and the one-year separation has already elapsed. A desertion claim may also affect the division of assets and support.
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