Desertion Divorce Lawyer Virginia Beach, VA
You and your spouse separated more than a year ago. Your spouse left the home, and you have not heard from them since. You are ready to move forward with your life, but you are not sure how Virginia law handles a divorce when one spouse simply walks away. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel represent individuals in Virginia Beach who are seeking a divorce on the ground of desertion. Desertion, also referred to as abandonment, is a fault-based ground for divorce under Virginia Code § 20-91. The law considers a spouse to have deserted the marriage when they willfully leave the marital home without justification and remain absent for one year or more. If you are in that situation and you live in Virginia Beach, reach our location at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
Understanding Desertion as Grounds for Divorce in Virginia
In Virginia, a spouse may file for divorce on the fault ground of desertion when the other spouse has willfully deserted or abandoned the marriage for a period of one year. The desertion must be intentional and without the consent of the spouse who remains. If the departing spouse had good cause to leave — such as domestic violence or reasonable fear of harm — the separation may not qualify as desertion. To prove desertion, the plaintiff must show that the other spouse left voluntarily, that the separation was continuous for at least one year, and that there was no reasonable justification for the departure. The burden of proof rests with the spouse alleging desertion.
Virginia Beach divorce cases, including those based on desertion, are heard in the Virginia Beach Circuit Court at 2425 Nimmo Parkway. The Circuit Court has exclusive jurisdiction over divorce and equitable distribution of marital property. Because desertion is a fault ground, it may affect the court’s decisions regarding spousal support and the division of marital assets. Fault is one of eleven factors the court considers when determining equitable distribution. Mr. Sris and his Of Counsel handle desertion divorce matters for clients in Virginia Beach, Sandbridge, and Oceana, and they appear in the Virginia Beach Circuit Court on behalf of clients pursuing fault-based divorce.
Frequently Asked Questions About Desertion Divorce in Virginia Beach
What must I prove to get a desertion divorce in Virginia Beach?
You must prove your spouse willfully left the marital home without justification and remained absent for at least one continuous year. The court will look for evidence that the departure was voluntary, that you did not consent, and that the separation was uninterrupted. Witness testimony, correspondence, and records showing separate residences can support your case. The case is filed in the Virginia Beach Circuit Court, which has exclusive jurisdiction over divorce. An experienced attorney can help gather and present the required proof.
How is desertion different from a no-fault divorce in Virginia?
Desertion is a fault-based ground, while a no-fault divorce requires only a separation period without alleging wrongdoing. For no-fault, the parties must live separate and apart for one year, or six months if there are no minor children and a separation agreement is signed. Desertion requires proving fault, which can influence spousal support and property division. In both paths, the divorce is filed in the Circuit Court serving Virginia Beach. An attorney can explain which ground best serves your situation.
Does desertion affect how property is divided in Virginia Beach?
Yes, fault can be a factor in equitable distribution of marital property. The court considers eleven factors, including the “circumstances and factors which contributed to the dissolution of the marriage.” A finding of desertion may lead the court to award a greater share of marital assets to the innocent spouse. However, equitable distribution is not an automatic penalty; the judge weighs all factors based on the evidence presented.
Can I get spousal support if my spouse deserted me?
Desertion may support a claim for spousal support in Virginia. When the court determines support under Va. Code § 20-107.1, it examines the statutory factors, which include the fault of either party in causing the marriage’s breakdown. Desertion by one spouse can weigh in favor of the other spouse receiving support. The amount and duration depend on the parties’ incomes, the length of the marriage, and other factors.
How do I file for a desertion divorce in Virginia Beach?
You must file a Complaint for Divorce in the Virginia Beach Circuit Court. The Complaint states the ground of desertion and includes requests for relief such as equitable distribution, spousal support, and, if applicable, child custody and support. At least one party must have been a resident of Virginia for six months before filing. Mr. Sris and his Of Counsel can prepare and file the Complaint on your behalf and handle all subsequent proceedings.
What if my spouse claims they had a reason to leave?
The spouse who left may argue the departure was justified, which is a defense to desertion. If the court finds the leaving spouse had a legally sufficient reason — such as cruelty or reasonable fear of bodily harm — the ground of desertion may fail. Your attorney will gather evidence to rebut that defense. In such cases, a no-fault divorce may still be available after the required separation period.
Do I need to serve my spouse with the divorce papers if they left Virginia Beach?
Yes, your spouse must be served with the Complaint and summons. If your spouse’s whereabouts are unknown, you may need to serve by publication after demonstrating diligent efforts to locate them. The Virginia Beach Circuit Court can grant alternative service when appropriate. Your attorney will manage service of process to ensure the court acquires jurisdiction over your spouse.
How long does a desertion divorce take once I file?
The timeline depends on whether the divorce is contested and on the court’s calendar. If your spouse does not contest the divorce, the case may be concluded within a few months after the statutory separation period is met. If they appear and challenge the desertion ground, the case will take longer and may involve hearings. An attorney can give you a better estimate after reviewing the specifics of your situation.
Can I use evidence from text messages or emails to prove desertion?
Yes, communications and other records can be used as evidence of intentional abandonment. Text messages, emails, social media posts, and financial records showing one spouse cut off contact or support may help establish willful desertion. Your attorney will help determine which evidence is admissible and useful in the Virginia Beach Circuit Court.
What if my spouse comes back after I file for desertion divorce?
A brief return, especially if you reject cohabitation, may not defeat the desertion ground. Virginia law looks at whether the separation was voluntary and continuous. If your spouse attempts a token return that you do not accept as a genuine resumption of the marriage, your attorney can argue the desertion continued. The facts of each case matter, so consult a lawyer promptly.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. As a former prosecutor, he understands how to build a strong, evidence-based case. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and over 4,739+ documented firm-wide results to family law matters in Virginia. Results may vary. They appear regularly in the Virginia Beach Circuit Court and handle desertion divorces with care and attention to the legal details that matter. To discuss your desertion divorce, reach our location at (888) 437-7747.
Related local pages:
Fairfax County family law lawyer ·
Prince William County family law lawyer ·
Manassas family law lawyer ·
Fairfax City family law lawyer ·
Falls Church family law lawyer
Additional resources:
Virginia Code Title 20 (Domestic Relations) ·
Virginia Beach Circuit Court ·
Virginia Judicial System
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