Desertion Divorce Lawyer in Dinwiddie County, Virginia
Desertion is a fault-based ground for divorce under Virginia law, specifically Va. Code § 20-91(6), requiring proof your spouse willfully deserted you for at least one year. A desertion divorce lawyer Dinwiddie County from Law Offices Of SRIS, P.C. can help you prove abandonment and protect your rights to equitable distribution and support. Our firm has documented results in Dinwiddie County Circuit Court.
Last verified: April 2026 | Dinwiddie County Circuit Court | Virginia General Assembly
Virginia Desertion Divorce Law
Desertion, also called abandonment, is a statutory fault ground for divorce in Virginia. To succeed, you must prove your spouse willfully deserted or abandoned you and that the desertion has continued for at least one year without interruption before you file. This is distinct from a no-fault separation divorce. The statute governing this is Va. Code § 20-91(6). The case is filed in the Dinwiddie County Circuit Court, located at the Dinwiddie Courthouse.
Founded in 1997 by former prosecutor Mr. Sris, our firm brings deep knowledge of Virginia family law statutes and courtroom procedures.
Proving Desertion in Dinwiddie County
Successfully proving desertion requires specific evidence. You must show your spouse left the marital home without your consent and with the intent to end the marital relationship. Constructive desertion may apply if your spouse’s behavior made it impossible for you to continue cohabitation. The abandonment must be willful, continuous, and for the statutory period.
- Consult a Lawyer: Discuss your situation with a desertion divorce lawyer Dinwiddie County to evaluate your case.
- Gather Evidence: Collect proof of the desertion date, lack of contact, and your spouse’s intent (e.g., texts, emails, witness statements).
- File the Complaint: Your lawyer files a Complaint for Divorce on grounds of desertion in Dinwiddie County Circuit Court.
- Serve Your Spouse: The complaint must be legally served on your spouse, often requiring a process server if their location is unknown.
- Proceed to Hearing: If your spouse does not contest, you may present your evidence at an uncontested hearing. If contested, the case proceeds to trial.
Consequences and Considerations
In Dinwiddie County, a desertion divorce can impact spousal support and equitable distribution, as fault may be considered by the court under Va. Code § 20-107.1.
While Virginia is an equitable distribution state, proving fault like desertion can influence how a judge divides marital property and awards spousal support. The court considers the circumstances and factors skilled to the divorce. A spouse found guilty of desertion may be at a disadvantage.
Results may vary. Prior results do not guarantee a similar outcome.
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 Experience in Dinwiddie County
Law Offices Of SRIS, P.C. has a documented record of favorable outcomes for clients in Dinwiddie County. Our approach combines thorough case preparation with strategic advocacy. For instance, our team has successfully negotiated resolutions in complex family law matters. Mr. Sris, the firm’s founder and a former prosecutor, personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), giving our firm unique insight into property division arguments that may arise in a desertion divorce.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — Richmond Location
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.
Our Richmond location serves clients in Dinwiddie County and is accessible via I-85, Route 1, and Route 460. We are a trusted spouse abandonment lawyer Dinwiddie County for residents in Dinwiddie and McKenney seeking guidance on abandonment divorce grounds.
Desertion Divorce FAQs for Dinwiddie County
What constitutes desertion for divorce in Virginia?
Yes. Under Va. Code § 20-91(6), desertion requires a willful abandonment of the marital relationship by one spouse, without the consent of the other, for a continuous period of one year or more before filing.
Can I get a divorce if my spouse left but we still talk?
It depends. Occasional communication may not break the continuity of desertion if the intent to abandon the marriage remains. However, reconciliation attempts or resuming marital cohabitation can reset the one-year clock. A desertion divorce lawyer Dinwiddie County can analyze your specific contacts.
How does desertion affect property division or alimony?
Fault, including desertion, is one factor a Virginia court may consider when awarding spousal support under Va. Code § 20-107.1 and during equitable distribution. Proving desertion could potentially lead to a more favorable outcome for the deserted spouse.
What if I don’t know where my spouse is?
You can still file for divorce. Virginia law allows for service by publication or posting after a diligent search. Your lawyer will file an affidavit detailing the efforts to locate your spouse and request alternate service from the Dinwiddie County Circuit Court.
What is the difference between desertion and no-fault separation?
Desertion is a fault ground requiring proof of wrongful abandonment. A no-fault divorce based on separation (Va. Code § 20-91(9)) requires living separate and apart for a statutory period (6 months or 1 year) without any requirement to prove fault or intent.
For more on Virginia court procedures, visit the Virginia Judicial System website.
Related Pages: For other legal needs, see our Dinwiddie County criminal defense lawyer or Dinwiddie County DUI lawyer pages. Learn more about Virginia divorce law on our Virginia family law hub, or consult a spouse abandonment lawyer Chesterfield County.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.