Desertion Divorce Lawyer Colonial Heights, VA
You came home to an empty house. Your spouse packed a bag, walked out, and never returned. After months of silence, you realize they aren’t coming back. In Virginia, that kind of abandonment is called desertion—a fault ground for divorce. Filing on this ground can affect property division, spousal support, and the pace of your case. The Colonial Heights Circuit Court at 550 Boulevard hears desertion-based divorce actions. Law Offices Of SRIS, P.C. represents clients in desertion cases throughout Colonial Heights and surrounding communities. Call (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
Your Options When Your Spouse Has Deserted You
Virginia law gives you several paths when a spouse walks away. Desertion under Va. Code § 20-91 is one of the fault grounds that do not require a separation period before you file. You can also pursue a no-fault divorce after living apart for the required period or after signing a separation agreement. Choosing the right approach depends on your goals—whether you need a faster resolution, want to preserve certain property interests, or seek spousal support that reflects the other spouse’s abandonment. A desertion-based filing may allow you to move forward immediately instead of waiting out the separation clock.
Mr. Sris and his Of Counsel evaluate the facts of your situation, explain how desertion interacts with equitable distribution, and help you decide whether a fault or no-fault route better serves your interests. They appear regularly in the Colonial Heights Circuit Court and the 12th Judicial District, so they understand how local judges approach desertion allegations and the type of evidence the court expects.
What to Expect During a Desertion Divorce in Colonial Heights
The Colonial Heights Circuit Court has exclusive jurisdiction over divorce actions. If you also need custody, child support, or protective orders, those matters may be heard in the Colonial Heights Juvenile and Domestic Relations District Court. When desertion is the ground, you will need to provide evidence that your spouse willfully left the marital home, that the absence continued for at least one year, and that the departure was not justified by your conduct. Corroborating testimony from a witness is generally required under Virginia practice, even in uncontested matters.
Your attorney will prepare the Complaint, file it with the Circuit Court, and ensure proper service of process on the departing spouse. Once filed, the case proceeds through discovery if contested, or toward a final hearing if both sides agree. Many desertion-based divorces resolve through a property settlement agreement that addresses the division of marital property, spousal support, and parenting arrangements. The timeline depends on the court’s calendar, the complexity of any disputed issues, and whether a settlement can be reached.
How Desertion Can Affect the Outcome of Your Divorce
Because Virginia is an equitable distribution state, the court divides marital property based on fairness, not a 50‑50 split. Under Virginia law, the judge may consider the circumstances that led to the end of the marriage, including desertion. If one spouse’s abandonment forced the other to deplete savings or take on additional debt, that can factor into how property and debts are allocated. Desertion may also influence spousal support, particularly if the abandoned spouse was financially dependent.
It is important to understand that desertion must be proven by clear and convincing evidence. An attorney will help you gather documentation—lease records, financial statements, text messages, and witness statements—that establishes the date of departure and the duration of the absence. Working with experienced counsel can help you present the facts in a way that the court finds persuasive while protecting your rights throughout the process.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His firm’s Of Counsel attorneys bring additional perspectives from prior careers in law enforcement and prosecution, contributing to a thorough, multi‑faceted approach to every case.
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience with 4,739+ documented firm-wide results. Results may vary. The firm serves clients from its Richmond location at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225, and appears regularly in the Colonial Heights courts. Reach the firm at (888) 437-7747 to schedule a consultation.
Frequently Asked Questions
What is desertion divorce in Virginia?
Desertion divorce is a fault-based divorce ground in Virginia based on one spouse willfully abandoning the other for at least one year. Under Va. Code § 20-91, desertion occurs when a spouse voluntarily leaves the marital home without justification and without the consent of the other spouse. The court requires clear evidence that the departure was intentional and prolonged, and that the abandoned spouse did not provoke the separation. A desertion filing may affect property division and spousal support.
How long must my spouse be gone before I can file for desertion divorce in Colonial Heights?
Virginia law requires that the desertion have lasted for at least one continuous year before you can file on this ground. The one‑year period begins on the date your spouse left the home. You may still seek a divorce on no‑fault grounds after the required separation period if you prefer not to wait the full year or if the desertion evidence is limited. An attorney can help you determine which ground best fits your timeline and objectives.
Do I need a lawyer to handle a desertion divorce in Colonial Heights?
You are not legally required to hire a lawyer, but desertion cases involve proving fault, which can be legally complex. Presenting the necessary evidence—such as testimony, financial records, and communication logs—requires careful preparation. A lawyer familiar with the Colonial Heights Circuit Court can guide you through the procedural steps and help you protect your rights regarding property, support, and custody. To discuss your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Can desertion affect property division in my Virginia divorce?
Yes, a finding of desertion can influence how the court distributes marital property under Virginia’s equitable distribution framework. Virginia law lists factors the judge must consider, and the circumstances surrounding the end of the marriage are among them. If desertion caused one spouse to shoulder a disproportionate financial burden or lose assets, the court may adjust the division to address that imbalance. Each case is decided on its specific facts.
What court handles desertion divorces in Colonial Heights?
The Colonial Heights Circuit Court at 550 Boulevard, Colonial Heights, VA 23834, has exclusive jurisdiction over all divorces, including those based on desertion. Custody, child support, and protective orders may be heard in the Colonial Heights Juvenile and Domestic Relations District Court. The Circuit Court is part of the 12th Judicial District. Attorneys at Law Offices Of SRIS, P.C. Appear in both courts and are familiar with local filing requirements and expectations.
How do I start a desertion divorce case?
Begin by consulting an attorney who can review your circumstances, explain the evidence you will need, and draft the Complaint for divorce. Your lawyer will file the documents with the Colonial Heights Circuit Court and arrange for service of process on your spouse. If your spouse contests the desertion claim, the case proceeds through the litigation process. If both parties are willing to negotiate, many issues can be resolved through a separation agreement without a trial. For a consultation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
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Virginia Code § 20-91 — Grounds for Divorce ·
Virginia Code § 20-107.3 — Equitable Distribution ·
Colonial Heights Circuit Court
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