Desertion Divorce Lawyer Prince George County — Fault Grounds for Divorce
Desertion is a fault ground for divorce in Virginia under Va. Code § 20-91(6), requiring proof your spouse willfully deserted you for one year or more. A desertion divorce lawyer Prince George County from Law Offices Of SRIS, P.C. can help you handle this complex fault-based process at the Prince George County Circuit Court.
Last verified: April 2026 | Prince George County Circuit Court | Virginia General Assembly
Virginia Desertion Divorce Law and Statute
In Virginia, desertion is a statutory fault ground for divorce. To prove desertion, you must demonstrate your spouse willfully deserted or abandoned you and that the desertion has continued for at least one year without interruption before you file your complaint. This is distinct from a no-fault separation. The statute governing this is Va. Code § 20-91(6). The case is filed in the Prince George County Circuit Court, located at 6601 Courts Drive. Mr. Sris, founder of the firm, brings unique insight, having personally contributed to amendments in Virginia’s family law code, including the equitable distribution statute.
Official Legal Resources
For the official text of Virginia’s divorce laws, refer to the Virginia Code Title 20, Chapter 6. The Prince George County Circuit Court website provides local forms, filing fees, and procedural rules.
Prince George County Desertion Divorce Process
Filing for divorce on grounds of desertion in Prince George County involves specific procedural steps. Unlike a no-fault divorce based on separation, you bear the burden of proving the desertion occurred. The Prince George County Circuit Court requires clear and convincing evidence. This often involves presenting testimony, documentation of the separation, and evidence refuting any claim of justification for leaving. A spouse abandonment lawyer Prince George County can be crucial for gathering this evidence and presenting a compelling case.
- Consult with a desertion divorce lawyer: Discuss the specifics of your case, the one-year timeline, and evidence strategy.
- Gather Evidence: Collect proof of the desertion date, attempts at reconciliation, and any communication.
- File the Complaint: Your lawyer will draft and file a Complaint for Divorce citing desertion at the Prince George County Circuit Court clerk’s office.
- Serve Your Spouse: The complaint must be legally served on your spouse, who then has time to file an Answer.
- Present Your Case: If contested, you will present evidence at a hearing to prove the desertion.
- Obtain the Final Decree: If the court finds desertion is proven, it will enter a final divorce decree.
Potential Outcomes and Considerations
In Prince George County, proving desertion can affect spousal support and equitable distribution, as fault may be considered by the court under Va. Code § 20-107.1.
| Aspect | Consideration in Desertion Case |
|---|---|
| Divorce Ground | Fault-based (Va. Code § 20-91(6)) |
| Proof Required | Willful desertion for one year or more |
| Court | Prince George County Circuit Court |
| Impact on Support | Fault may be a factor in spousal support awards |
| Property Division | Equitable distribution applies, but conduct may be considered |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Desertion Divorce
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to complex family law matters. Mr. Sris possesses a deep understanding of Virginia family law, having personally worked on amendments to the equitable distribution statute, Va. Code § 20-107.3. We approach each case with a focus on the specific procedural nuances of the Prince George County courts.
Samantha Rae Powers, Associate Attorney at Law Offices Of SRIS, P.C. — Licensed in VA, FL. Experienced family law and civil litigator. View Samantha Rae Powers’s Profile
Case Results and Client Advocacy
In Prince George County and surrounding Central Virginia areas, our firm has a record of advocating for clients in family law matters. While specific results depend on unique case facts, our strategic approach is designed to protect your interests. For instance, our team, including seasoned litigator Mr. Sris, leverages its extensive courtroom experience to build strong arguments in fault-based divorce proceedings.
Results may vary. Prior results do not guarantee a similar outcome.
Prince George County Desertion Divorce Attorney Near You
Our Richmond location serves clients in Prince George County. We are accessible via I-295 and Route 10. If you need a spouse abandonment lawyer Prince George County residents trust for focused representation, contact us.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr, Ste 300, Rm 395
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
We serve the Prince George and Hopewell area communities.
Desertion Divorce in Prince George County: FAQs
What is considered desertion for divorce in Virginia?
Yes. Under Va. Code § 20-91(6), desertion is the willful abandonment of one spouse by the other for at least one year without justification or consent. It is a fault ground for divorce, meaning you must prove it happened.
How long do I have to be deserted before filing for divorce?
The desertion must have continued for one full year without interruption before you file your Complaint for Divorce in the Prince George County Circuit Court. The clock starts from the date the desertion began.
Can a spouse abandonment lawyer Prince George County help if my spouse left but we still talk?
It depends. Occasional communication or attempts at reconciliation can complicate a desertion claim. An attorney can analyze your specific interactions to determine if the one-year period was broken or if the desertion remains willful.
What is the difference between desertion and no-fault separation?
Desertion is a fault-based ground requiring proof of wrongdoing for one year. A no-fault divorce based on separation (6 months or 1 year) requires no proof of fault, only that you have lived separately for the required time period.
Does proving desertion give me a better settlement?
It can be a factor. Virginia law allows the court to consider marital fault, including desertion, when deciding on spousal support (alimony) under Va. Code § 20-107.1. It does not guarantee a specific property division outcome.