Desertion Divorce Lawyer Dinwiddie County, VA
You have been living apart from your spouse for more than a year because your spouse abandoned the marital home and your marriage. Now you are ready to end the marriage on the fault ground of desertion. A fault-based divorce can affect property division and spousal support, and it calls for an experienced family law attorney who understands Dinwiddie County courts. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
How an Attorney Builds a Desertion Divorce Case
Willful desertion is a fault ground for absolute divorce under Virginia law. To succeed, you must show that your spouse abandoned the marriage without justification and that the desertion continued for at least one year. Mr. Sris and his Of Counsel work to gather the evidence needed — including testimony from a corroborating witness, documentation of the separation, and communications showing intent to abandon — so the Circuit Court has the record it requires.
Since desertion can affect equitable distribution and spousal support, the case may also involve identifying marital assets, valuing pensions or business interests, and presenting factors that support a favorable division. If minor children are involved, the Juvenile and Domestic Relations District Court may address custody and child support, while the divorce itself proceeds in the Dinwiddie County Circuit Court.
What to Expect in Dinwiddie County
Desertion divorce cases are filed in the Dinwiddie County Circuit Court, located at the Dinwiddie Courthouse, Dinwiddie, VA 23841. The initial complaint requires a filing fee of approximately $86, and service of process on your spouse can be arranged through the sheriff or a private server. Virginia law requires at least one corroborating witness to testify in support of your ground for divorce.
A contested desertion divorce typically resolves in 9 to 18 months, though complex property issues can extend the timeline. Pendente lite orders for temporary support and custody may be set within weeks of filing. The process includes discovery, negotiation, and, if necessary, trial before a Circuit Court judge.
How Desertion Affects the Outcome
Virginia is an equitable distribution state. The court considers 11 factors under when dividing marital property, including the circumstances that contributed to the dissolution of the marriage. Desertion — especially if it caused economic harm or left you to manage the household alone — can weigh on property division and spousal support.
While fault does not determine custody, a judge assesses each parent’s role in the child’s life and any history of family abuse. If the deserting parent’s absence affected the child’s stability, that fact may become relevant in the trusted‑interest analysis.
About Mr. Sris and His Of Counsel
Mr. Sris founded Law Offices Of SRIS, P.C. in 1997. A former prosecutor, he draws on years of courtroom experience to present fault‑based divorce cases effectively — including marshaling corroborating testimony, addressing property‑distribution factors, and protecting his client’s financial interests. He and his Of Counsel team bring over 120 years of combined legal experience, supported by 4,739+ documented firm-wide results. Results may vary.
Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He leads the firm’s family law practice, ensuring each fault‑based divorce gets the attention it deserves. Contact him and his Of Counsel at (888) 437-7747.
Frequently Asked Questions
What is desertion as a ground for divorce in Virginia?
Desertion is willful, unjustified abandonment of the marital relationship for at least one continuous year. It is a fault‑based ground for absolute divorce under Va. Code § 20‑91, distinct from simple separation. The deserted spouse must prove the other spouse intended to end the marriage and that the departure was not caused by the deserted spouse’s own misconduct. A single corroborating witness is required.
How long must desertion last before I can file?
Virginia law requires one year of continuous, willful desertion before a fault‑based divorce can be granted. The clock runs from the date the deserting spouse left the marital home (or otherwise abandoned the marital relationship) without justification. If you can show the desertion has already exceeded one year, you may file immediately. Earlier separation that did not amount to desertion does not count.
Can I get a fault‑based desertion divorce if we have minor children?
Yes — having minor children does not bar a desertion filing, but custody and child support will be part of the case. The Dinwiddie County Juvenile and Domestic Relations District Court may resolve those issues in a separate proceeding or as part of the divorce if raised. The existence of children does not change the desertion ground, but it can add complexity to the timeline and to the parent’s obligations.
Do I need evidence to prove desertion?
Yes — you must present testimony and documentary evidence showing that your spouse left voluntarily, without justification, and with no intent to return. A corroborating witness (such as a family member, neighbor, or co‑worker) who can confirm the separation and the spouse’s stated intentions is essential. Mr. Sris and his Of Counsel gather text messages, emails, financial records, and witness statements to build a persuasive record.
How does a desertion finding affect property division and spousal support?
Fault, including desertion, can influence equitable distribution and the amount or duration of spousal support. Under , the court considers “the circumstances and factors which contributed to the dissolution of the marriage.” If the desertion left you in a disadvantaged financial position, that fact may weigh in favor of a larger share of marital property or ongoing support. No automatic formula applies; the judge decides based on the evidence.
How long does a desertion divorce take in Dinwiddie County?
A contested desertion divorce typically takes 9 to 18 months in the Dinwiddie County Circuit Court, depending on property complexity and court scheduling. If the desertion is uncontested and you have a signed separation agreement, the case may resolve in 2‑4 months after filing. Pendente lite hearings for support and custody are usually held within 21‑60 days of the motion.
What if my spouse claims I caused the desertion?
If your spouse raises justification, the burden shifts to you to prove that their departure was not provoked. For example, if your spouse alleges that you made the home uninhabitable through cruelty, a judge will weigh both sides. An experienced attorney helps you present evidence that the desertion was willful and unprovoked, maintaining the fault‑ground advantage.
Can I file for fault divorce without a lawyer?
You may file pro se, but fault‑ground divorces involve legal risks that can affect property, support, and custody. Proving desertion requires strict compliance with evidentiary rules, corroborating testimony, and proper court filings. Mistakes can delay the case or weaken your fault claim. Speaking with an attorney before you file helps you understand the strategic choices and avoid procedural pitfalls.
For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
For a full statutory breakdown, see our comprehensive analysis.
Official sources: Virginia Code § 20‑91 — Grounds for divorce · Dinwiddie County Circuit Court
Request a Consultation
To discuss a fault‑based desertion divorce in Dinwiddie County, call (888) 437-7747 or visit our Richmond Location at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225. By appointment only.
Law Offices Of SRIS, P.C.
Richmond Location
7400 Beaufont Springs Drive, Suite 300, Room 395
Richmond, VA 23225
(888) 437-7747 · Local: (804) 201-9009
Serving Dinwiddie, McKenney and all of Dinwiddie County
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.
Case results depend on a variety of factors unique to each case.