In Hanover County, desertion is a fault ground for divorce under Va. Code § 20-91, requiring a one-year separation. Law Offices Of SRIS, P.C. has 19 documented case results in this locality. A Desertion Divorce Lawyer Hanover County can help you prove abandonment and seek a swift resolution.
Under Virginia law, desertion as a ground for divorce requires proof that one spouse left the marital home with the intent to permanently abandon the other, without consent, for a continuous period of one year. This is distinct from a no-fault divorce based on separation. An abandonment divorce grounds lawyer Hanover County must present clear and convincing evidence of the desertion and the lack of consent to the separation. The statute governing this is Va. Code § 20-91.
Last verified: April 2026 | Hanover County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
For more information on the legal definition of desertion, review the official statute at Va. Code § 20-91 (official Virginia General Assembly). Court procedures for filing a fault-based divorce are handled at the Hanover County General District Court.
In Hanover County, proving desertion requires more than just showing your spouse moved out. The court will look for evidence of intent to abandon, such as a lack of financial support or communication. A spouse abandonment lawyer Hanover County can help you gather the necessary documentation to meet this high burden of proof.
- Step 1: Gather Evidence. Collect proof of the date of separation, lack of consent, and intent to abandon (e.g., text messages, financial records).
- Step 2: File a Complaint. Your attorney will file a Complaint for Divorce in the Hanover County Circuit Court, citing desertion under Va. Code § 20-91.
- Step 3: Serve Your Spouse. The court will serve the complaint on your spouse, who has 21 days to respond.
- Step 4: Discovery. Both sides exchange information and evidence to support the desertion claim.
- Step 5: Hearing or Trial. If the case is contested, a trial will be held to determine if desertion occurred.
- Step 6: Final Decree. If the court finds desertion, a final divorce decree will be issued, addressing property division and other matters.
In Hanover County, a desertion divorce does not carry a criminal penalty but establishes a fault ground for divorce, impacting spousal support and property division.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Desertion (Civil Ground for Divorce) | N/A (Civil Matter) | N/A | N/A | N/A | May affect spousal support, property division, and attorney’s fees. |
Results may vary. Prior results do not guarantee a similar outcome.
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to your case. Our firm has documented 4,739+ case results with a 93%+ favorable outcome rate firm-wide. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute, demonstrating a deep understanding of Virginia family law. Our tagline is “Advocacy Without Borders.”
Our team also includes Mr. Sris, who founded the firm in 1997 and has a background as a former prosecutor. He provides strategic oversight on all family law matters.
In Hanover County, Law Offices Of SRIS, P.C. has 19 total documented case results across all practice areas, with a 100% favorable outcome rate. This includes a case where an object sexual penetration charge was amended to sexual battery, and a reckless driving by speed charge was dismissed.
Results may vary. Prior results do not guarantee a similar outcome.
Our Richmond location is approximately 20 minutes from the Hanover County Circuit Court, accessible via I-95 and I-295. If you need a Desertion Divorce Lawyer Hanover County near Mechanicsville or Ashland, we are ready to help. We serve the communities of Mechanicsville, Ashland, Atlee, Beaverdam, and Doswell.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
How long does a desertion divorce take in Hanover County?
Yes. A desertion divorce requires a one-year separation period before filing. From filing to final decree, an uncontested case can take 2-4 months, while a contested case may take 9-18 months.
What is the difference between desertion and separation in Virginia?
Desertion requires proof of intent to abandon without consent, while no-fault separation only requires living apart for a set time. Desertion is a fault ground that can affect spousal support.
How much does a desertion divorce cost in Hanover County?
It depends. The Circuit Court filing fee is approximately $86. Additional costs include service of process ($12-$100), and Guardian ad Litem fees ($500-$2,500+) if custody is involved.
Is Virginia a community property state?
No. Virginia is an equitable distribution state. Marital property is divided fairly, not necessarily 50/50, based on 11 factors under Va. Code § 20-107.3, which was personally amended by Mr. Sris.
How is child custody decided in a desertion divorce?
Custody is based on the best interests of the child under Va. Code § 20-124.3. The court considers 10 factors, including each parent’s role and the child’s relationship with each parent.
Last verified: April 2026. Information current as of this date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for updated guidance.