In Loudoun County, desertion is a fault ground for divorce under Va. Code § 20-91 requiring a one-year separation period; Law Offices Of SRIS, P.C. has 158 documented case results in Loudoun County. A Desertion Divorce Lawyer Loudoun County can explain your options under Virginia law.
Desertion as a Ground for Divorce in Loudoun County
Under Virginia law, desertion is a fault-based ground for divorce. Va. Code § 20-91(6) allows a divorce when one spouse willfully deserts the other for a period of one year. The desertion must be voluntary and without the consent of the other spouse. A Desertion Divorce Lawyer Loudoun County can help you prove the elements of desertion in court. Mr. Sris, founder of Law Offices Of SRIS, P.C. in 1997, personally amended Va. Code § 20-107.3, the equitable distribution statute, giving the firm unique insight into Virginia family law.
Last verified: April 2026 | Loudoun County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Desertion divorce under Va. Code § 20-91(6) requires proof that one spouse left the marital home with the intent to abandon the marriage permanently. Unlike no-fault divorce, desertion has no separation period if you can prove the abandonment. A Desertion Divorce Lawyer Loudoun County can gather evidence of the desertion, such as witness testimony or communications showing intent to abandon.
For more information, review the Virginia Code § 20-91 (official Virginia General Assembly) and the Loudoun County General District Court website.
In Loudoun County Circuit Court, desertion cases require corroborating evidence. The court at 18 East Market Street, Leesburg, VA 20176 handles these matters. A Desertion Divorce Lawyer Loudoun County knows that proving desertion often requires witness testimony or documented proof of the spouse’s intent to abandon.
- Gather evidence of the desertion, including text messages, emails, or witness statements.
- File a complaint for divorce based on desertion at Loudoun County Circuit Court.
- Serve the deserting spouse with the divorce papers through the sheriff or process server.
- Attend a hearing to present your evidence of desertion to the judge.
- Obtain a final decree of divorce if the court finds desertion is proven.
In Loudoun County, desertion divorce carries no criminal penalty but affects property division and spousal support under Va. Code § 20-107.3.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Desertion (Divorce Ground) | Fault Ground | None | None | None | May affect equitable distribution and spousal support |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined legal experience and 4,739+ documented case results firm-wide across VA, MD, NJ, NY, and DC. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute, which is directly relevant to desertion divorce cases in Loudoun County. A Desertion Divorce Lawyer Loudoun County from our firm brings this depth of experience to your case.
In Loudoun County, Law Offices Of SRIS, P.C. has 158 total documented case results across all practice areas with a 100% favorable outcome rate. These results include dismissals and not guilty verdicts in family law matters. A Desertion Divorce Lawyer Loudoun County can discuss how these results relate to your situation.
Results may vary. Prior results do not guarantee a similar outcome.
Our Ashburn location is near the Loudoun County courts at 18 East Market Street, accessible via the Dulles Greenway and Route 7. If you need a Desertion Divorce Lawyer Loudoun County near Ashburn, Leesburg, or Sterling, we serve all of Loudoun County. Neighborhoods served include Ashburn, Leesburg, Sterling, Purcellville, South Riding, Brambleton, Aldie, Hamilton, Lovettsville, Middleburg, and Round Hill.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Toll-Free: (888) 437-7747 | Local: 571-279-0110
20130 Lakeview Center Plaza, Room No. 403, Ashburn, VA 20147
By appointment only.
Q: How long must a spouse be gone for desertion divorce in Loudoun County?
Yes. Virginia law requires a one-year period of willful desertion without consent before you can file for divorce based on desertion under Va. Code § 20-91(6).
Q: Can I get a divorce if my spouse abandoned me but came back?
It depends. If the spouse returned voluntarily and the desertion period was less than one year, you may not have grounds for desertion divorce. Consult a Desertion Divorce Lawyer Loudoun County for your specific facts.
Q: Does desertion affect property division in Loudoun County?
Yes. Under Va. Code § 20-107.3, the court may consider fault, including desertion, when dividing marital property. A Desertion Divorce Lawyer Loudoun County can argue how desertion should impact your case.
Q: What evidence do I need for a desertion divorce in Loudoun County?
You need evidence showing the spouse left voluntarily with intent to abandon the marriage. This can include text messages, emails, witness testimony, or proof of separate residence.
Q: Can I file for desertion divorce if my spouse is in jail?
Yes. Incarceration for one year or more is a separate fault ground under Va. Code § 20-91(8). A Desertion Divorce Lawyer Loudoun County can advise whether desertion or incarceration grounds apply.
Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.