Desertion Divorce Lawyer Fauquier County — What Are Your Grounds?
Desertion is a fault-based ground for divorce in Virginia under Va. Code § 20-91(6), requiring proof your spouse willfully deserted you for at least one year. A desertion divorce lawyer Fauquier County from Law Offices Of SRIS, P.C. can help you prove this ground at the Fauquier County Circuit Court. Our firm has 73 documented case results in this locality.
Last verified: April 2026 | Fauquier County General District Court | Virginia General Assembly
Virginia Desertion Divorce Statute
Virginia law provides specific fault grounds for divorce, including desertion. Under Va. Code § 20-91(6), you can file for divorce if your spouse has willfully deserted or abandoned you for one year or more. This is distinct from a no-fault separation. Proving desertion requires demonstrating the spouse left the marital home without consent, with the intent to end the marital relationship, and without justification. The one-year period must be continuous. A spouse abandonment lawyer Fauquier County can gather evidence like witness testimony, financial records, and communications to establish the necessary intent and duration for the court.
- Consult with a desertion divorce lawyer Fauquier County to evaluate your case and the evidence of abandonment.
- Your attorney will help you file a Complaint for Divorce on the grounds of desertion at the Fauquier County Circuit Court.
- The complaint must be formally served on your spouse, who then has 21 days to file an Answer.
- If the case is contested, your lawyer will represent you through discovery, motions, and potentially a trial to prove desertion.
- If proven, the court will grant a final divorce decree, which may impact related issues like spousal support.
Official Legal Resources
For the full text of Virginia’s divorce statutes, visit the Virginia General Assembly website for Va. Code § 20-91. For local court procedures and forms, refer to the Fauquier County Circuit Court official website.
Potential Outcomes in a Desertion Case
In Fauquier County, a successful desertion divorce can finalize your marriage and may be a factor the court considers when awarding spousal support under Va. Code § 20-107.1.
Results may vary. Prior results do not guarantee a similar outcome.
Firm Experience in Fauquier County Family Law
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to every case. In Fauquier County, we have a documented record of 73 case results across all practice areas. Mr. Sris personally played a key role in amending Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating deep involvement in the evolution of state 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 managing attorney, Mr. Sris, a former prosecutor with a background in accounting, provides strategic oversight on complex financial aspects that can arise in divorce cases.
Documented Case Results
Our firm-wide record includes 4,739+ documented case results with a 93%+ favorable outcome rate across Virginia, Maryland, New Jersey, New York, and Washington D.C. In Fauquier County specifically, we have 73 documented case results. For example, our team has successfully handled cases resulting in charges being reduced or dismissed in local courts.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Fauquier County Desertion Divorce Lawyer
Our Fairfax location serves clients at the Fauquier County courts. We are accessible via I-66, Route 29, and Route 17. We are a desertion divorce lawyer near Warrenton, serving neighborhoods including New Baltimore, Bealeton, Marshall, and The Plains.
24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Desertion Divorce in Fauquier County: FAQs
What is considered desertion for divorce in Virginia?
Yes. Desertion requires a spouse’s willful abandonment for one continuous year with the intent to end the marriage, without the other spouse’s consent and without legal justification.
How long do you have to be separated for a no-fault divorce in Virginia?
It depends. For a no-fault divorce with a signed separation agreement and no minor children, you need a 6-month separation. If you have minor children, a one-year separation is required before filing.
Can I get a divorce if my spouse left but we still live in the same house?
It depends. Physical separation is a key element. If you are living separate and apart under the same roof without cohabitation, you may pursue a no-fault separation divorce, but proving desertion is more complex.
Does desertion affect spousal support in Virginia?
Yes. Under Va. Code § 20-107.1, fault grounds like desertion are among the 13 factors a Fauquier County Circuit Court judge must consider when determining spousal support awards.
How much does a contested desertion divorce cost in Fauquier County?
Costs vary. Beyond the $86 filing fee, costs include service of process, motion fees, and attorney time for discovery and potential trial. Complex cases involving asset valuation increase costs significantly.
Related Legal Information
If you are dealing with a divorce, you may also need information on Virginia family law statutes. For representation in nearby areas, see our family lawyer in Fairfax County. For other legal needs in Fauquier County, consider our Fauquier County criminal defense lawyer.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.