Desertion Divorce Lawyer Roanoke County, VA
Your spouse left without explanation, and you have not seen them in over a year. The silence has been long enough to make you realize it is time to move on. In Virginia, willful desertion for one year is a fault ground for divorce. At Law Offices Of SRIS, P.C., we guide Roanoke County clients through desertion-based divorce proceedings. Call (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What Are Your Options When Your Spouse Has Deserted You?
Virginia law recognizes willful desertion or abandonment for a continuous period of one year as a fault-based ground for divorce (Va. Code § 20-91). To proceed on this ground, you must show that your spouse left the marital home voluntarily, without your consent, and with the intent to abandon the marriage. Desertion differs from a mutual separation—it involves one party walking away while the other remains willing to continue the relationship.
You can also choose to file on the no-fault ground, which requires a one-year separation (or six months if no minor children and a signed separation agreement). The decision carries real consequences: a fault finding may influence spousal support, property division, and even custody if the abandonment harmed the children. Our team helps you weigh the strategic advantages of each path based on the specific facts of your situation.
How the Divorce Process Works in Roanoke County for Desertion Cases
Fault-based divorces are filed in Roanoke County Circuit Court, located at 305 East Main Street, Salem, Virginia. The initial pleading is a Complaint for Divorce. Virginia law requires that your testimony be corroborated by at least one independent witness to prove the desertion, so we work with you to gather evidence such as communication records, financial documents, and testimony from friends or family who can confirm the abandonment.
While the divorce is pending, you may need temporary relief—a pendente lite hearing can address spousal support, child custody, and exclusive use of the marital home. If the case remains contested, it proceeds through discovery and, if necessary, trial. Mr. Sris and his Of Counsel handle the entire process, from initial consultation through final decree. We appear regularly in the Twenty-Third Judicial District and are familiar with the local procedures that affect desertion cases.
The Impact of a Fault Finding on Your Divorce Outcome
When desertion is proven, the court may consider the marital fault when determining spousal support and dividing property. Virginia is an equitable distribution state, not a community property state, so the judge weighs eleven statutory factors, including the circumstances that contributed to the dissolution of the marriage. Desertion can factor heavily into that analysis, potentially shifting the division of assets and the amount or duration of support.
A fault ground can also affect child custody if the desertion reflects on a parent’s fitness or disrupts the child’s relationship with the absent parent. Mr. Sris and his Of Counsel explain how Virginia’s best-interest factors interact with a desertion finding, ensuring you understand the full range of possible outcomes. No two cases are identical; we focus on building a record that protects your interests.
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. He is a former prosecutor, 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 Of Counsel team brings additional litigation experience—together they provide over 120 years of combined legal experience, supported by 4,739+ documented firm-wide results. Results may vary.
The firm has documented 34 case results in Roanoke County across all practice areas, with a 94% favorable outcome rate. We serve Roanoke County and surrounding communities including Salem, Vinton, Cave Spring, Hollins, and Catawba from our Shenandoah location. By appointment. Call (888) 437-7747 to schedule.
Frequently Asked Questions
What qualifies as desertion under Virginia law?
Desertion requires a voluntary departure without consent and with the intention to abandon the marriage permanently. To qualify as a fault ground for divorce, the abandonment must continue for at least one year. Occasional contact or a brief return generally does not break the desertion period unless the spouse resumes cohabitation with the intent to reconcile. The burden of proof rests on the spouse alleging desertion.
How long does a desertion divorce take in Roanoke County?
The timeline depends on court scheduling, case complexity, and whether the divorce is contested. After filing the Complaint in the Roanoke County Circuit Court, an uncontested desertion divorce can be finalized after the required statutory period and a hearing. Contested cases with disputed evidence or witness availability may take longer. Mr. Sris and his Of Counsel work to resolve procedural matters efficiently while protecting your rights.
Can I still get a no-fault divorce if I claim desertion?
Yes—you may plead desertion as an alternative ground alongside a no-fault separation ground. Virginia allows you to file on multiple grounds. This gives the court flexibility: if the fault ground is not sufficiently proven, the judge may still grant a divorce based on the separation period. Pleading alternative grounds also preserves your right to argue fault for purposes of support or property division.
How does desertion affect spousal support?
A fault finding can influence both the amount and duration of spousal support. Under Va. Code § 20-107.1, the court considers “the circumstances and factors which contributed to the dissolution of the marriage.” Desertion that left the other spouse financially stranded or derailed career opportunities may lead to a more favorable support award. The court retains broad discretion to weigh all equitable distribution and support factors together.
What should I bring to a consultation about a desertion divorce?
Bring any documentation that establishes the date of departure, relevant communication, and financial records. Evidence such as text messages, emails, bank statements, and witness contact information helps our team evaluate the strength of a desertion claim. A timeline of the marriage and the abandonment is also useful. At the consultation, we will discuss your goals and outline the strategic options available under Virginia law.
Does Roanoke County require a witness for a desertion divorce?
Virginia law requires corroborating testimony for any divorce hearing. In a desertion case, you will need at least one independent witness who can attest to the abandonment—someone other than you who has personal knowledge of the facts. A family member, friend, or neighbor who observed the departure or the absence can serve this role. Our firm advises you on identifying and preparing suitable witnesses.
For guidance on your specific situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747. By appointment. Our Shenandoah location serves clients throughout Roanoke County.
Va. Code § 20‑91 — Grounds for divorce ·
Virginia Judicial System
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