Desertion Divorce Lawyer Chesterfield County — What Are Your Options?
If your spouse has abandoned you for a year or more, you may have grounds for a fault-based desertion divorce in Chesterfield County under Va. Code § 20-91. A desertion divorce lawyer Chesterfield County from Law Offices Of SRIS, P.C. can help you prove willful desertion and pursue a final decree.
Statutory Definition of Desertion in Virginia
In Virginia, desertion is a fault-based ground for divorce defined under Va. Code § 20-91. It requires proof that one spouse willfully deserted and abandoned the other, without justification and without the intent to return, for a continuous period of one year or more before the filing of the divorce suit. This is distinct from a no-fault separation. Proving desertion involves demonstrating the abandoning spouse’s intent, which can be complex without proper legal guidance.
Last verified: April 2026 | Chesterfield County Circuit Court | Virginia General Assembly
Official Legal Resources
For the official statute, see Va. Code § 20-91 (official Virginia General Assembly). For local court procedures, visit the Chesterfield County Circuit Court website.
Procedural Edge for Chesterfield County Desertion Cases
Chesterfield County Circuit Court handles all divorce matters, including those based on fault grounds like desertion. Virginia requires at least one corroborating witness for an uncontested divorce hearing, which is critical in desertion cases where you must prove the timeline and intent of abandonment. A skilled spouse abandonment lawyer Chesterfield County can help gather the necessary evidence, which may include witness testimony, communication records, and documentation of the separation.
- Consult with a desertion divorce lawyer: Discuss the facts of your case, the one-year timeline, and evidence of willful abandonment.
- Gather and document evidence: Collect proof of the desertion date, lack of cohabitation, and the abandoning spouse’s intent (e.g., changed address, ceased communication).
- File a Complaint for Divorce: Your attorney will file the complaint in Chesterfield County Circuit Court, citing desertion as the ground.
- Serve the other spouse: The complaint must be formally served on the abandoning spouse, which can be challenging if their location is unknown.
- Prove your case: Present evidence and witness testimony to the court to satisfy the legal requirements for desertion.
- Obtain the final decree: If the court finds desertion is proven, it will grant the divorce and address related issues like property division.
Potential Outcomes and Considerations
In Chesterfield County, a desertion divorce can finalize a marriage after a one-year abandonment, but proving willful intent is required. Fault may influence spousal support and equitable distribution under Virginia law.
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 family law matters. Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), demonstrating deep involvement in the laws that affect your case. Our approach is direct and focused on the specific evidence needed to prove a fault-based divorce like desertion.
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
Documented Case Results in Chesterfield County
Law Offices Of SRIS, P.C. has 15 total documented case results across all practice areas in Chesterfield County with a 100% favorable outcome rate. While past results in other case types show our firm’s commitment to positive outcomes, every desertion divorce case depends on its unique facts.
Results may vary. Prior results do not guarantee a similar outcome.
Local Chesterfield County Divorce Lawyer
Our Richmond location serves clients in Chesterfield County. We are accessible via I-95, I-295, Route 1, and Route 10. If you need a desertion divorce lawyer Chesterfield County near Midlothian, Chester, or the Colonial Heights area, contact us for a consultation.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Desertion Divorce in Chesterfield County: FAQs
What is considered desertion for divorce in Virginia?
Yes. Desertion requires willful abandonment for one continuous year without justification and without intent to return, as defined in Va. Code § 20-91. Mere separation is not enough; you must prove the intent to desert the marital relationship.
How long do I have to wait to file for divorce based on desertion?
One year. The desertion must have continued without interruption for at least one year before you file the Complaint for Divorce in Chesterfield County Circuit Court. The clock starts from the date of willful abandonment.
What if I can’t find my spouse to serve divorce papers?
It depends. If your spouse’s location is unknown after a diligent search, your abandonment divorce grounds lawyer Chesterfield County can file a motion for alternative service (like publication in a newspaper) with the court. This adds steps but may allow the case to proceed.
Does proving desertion affect property division or alimony?
It can. While Virginia is an equitable distribution state, fault grounds like desertion can be considered by the judge when deciding spousal support and the equitable division of marital assets under Va. Code § 20-107.1 and § 20-107.3.
Can a desertion divorce be contested?
Yes. If the alleged deserting spouse disputes the claim, they can contest the divorce, arguing there was justification for leaving or no intent to abandon. This turns the case into a contested divorce requiring evidence and potentially a trial.
Internal Resources: For more on Virginia divorce, see our Virginia Family Law hub page. For help in nearby areas, consult a divorce lawyer in Henrico County. If you also face criminal charges, see our Chesterfield County criminal defense lawyer.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.