A Desertion Divorce Lawyer Henrico County handles cases where one spouse abandons the marital home for one year under Va. Code § 20-91. Law Offices Of SRIS, P.C. has 21 documented case results in Henrico County. Mr. Sris personally amended Va. Code § 20-107.3. Call (888) 437-7747.
Last verified: April 2026 | Henrico County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Under Virginia law, desertion is a fault-based ground for divorce. Va. Code § 20-91(6) requires that one spouse willfully abandon the other for a continuous period of one year before filing. The abandoned spouse must prove the desertion was against their will and without justification. A Desertion Divorce Lawyer Henrico County from Law Offices Of SRIS, P.C. can help you gather evidence of abandonment, such as proof of separate residences, financial records showing lack of support, and witness testimony. Mr. Sris, who founded the firm in 1997, brings former prosecutor experience to family law cases. The firm has over 120 years of combined legal experience across all attorneys.
For abandonment divorce grounds lawyer Henrico County cases, the court examines whether the deserting spouse had the intent to permanently end the marriage. Constructive desertion — where one spouse’s behavior forces the other to leave — may also qualify. A spouse abandonment lawyer Henrico County can evaluate whether your situation meets the statutory definition. The Henrico County Circuit Court at 4301 East Parham Road handles all divorce filings. Filing fees for a divorce complaint are approximately $86, with additional costs for service of process.
Review the official statute: Va. Code § 20-91 (official Virginia General Assembly). Court information available at: Henrico County General District Court (official vacourts.gov).
- Document the exact date your spouse left the marital home.
- Gather evidence of separate residences — utility bills, lease agreements, mail.
- Collect financial records showing lack of spousal support during separation.
- Obtain witness statements from neighbors, family, or friends who observed the separation.
- File a divorce complaint at Henrico County Circuit Court after the one-year waiting period.
- Attend the final hearing with your corroborating witness and evidence.
In Henrico County, desertion divorce under Va. Code § 20-91 requires one year of continuous abandonment before filing.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Desertion (Fault Ground) | Civil — Fault Ground for Divorce | None | Court costs apply | None | May affect spousal support and equitable distribution |
Results may vary. Prior results do not guarantee a similar outcome.
Samantha Rae Powers — Of Counsel. VA Bar 2023 | FL Bar 2005 | J.D./M.A. University of Florida 2005 | Ph.D. Communication UCSB 2017. 18+ years of legal experience. Handles family law matters across Virginia.
Law Offices Of SRIS, P.C. has 21 total documented case results across all practice areas in Henrico County, with a 100% favorable outcome rate. Firm-wide, the firm has 4,739+ documented case results across Virginia, Maryland, New Jersey, New York, and Washington D.C., with a 93%+ favorable outcome rate.
Results may vary. Prior results do not guarantee a similar outcome.
Our Richmond location is near the Henrico County courts at 4301 East Parham Road, accessible via I-64, I-95, and I-295. We serve Glen Allen, Short Pump, Innsbrook, Tuckahoe, Highland Springs, and Mechanicsville.
Desertion divorce lawyer near Henrico County — available 24/7.
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Q: Can I file for desertion divorce in Henrico County if my spouse left less than one year ago?
No. Virginia law under Va. Code § 20-91 requires a continuous one-year period of desertion before you can file for divorce on desertion grounds. You may file for no-fault divorce after six months of separation if you have no minor children and a signed separation agreement.
Q: What evidence do I need for a desertion divorce in Henrico County?
You need proof of the exact date your spouse left, evidence of separate residences (utility bills, lease agreements), financial records showing lack of support, and at least one corroborating witness who can testify to the separation. The Henrico County Circuit Court requires corroboration for fault-based divorces.
Q: Does desertion affect property division in Henrico County?
It depends. Virginia is an equitable distribution state under Va. Code § 20-107.3 (personally amended by Mr. Sris). The court considers fault in property division, including desertion. The abandoned spouse may receive a larger share of marital property depending on the circumstances of the abandonment.
Q: How long does a desertion divorce take in Henrico County?
Uncontested desertion divorce with a signed separation agreement: 2-4 months from filing to final decree. Contested desertion divorce: 9-18 months. The one-year waiting period must be complete before filing. Pendente lite hearings for temporary support are typically set within 21-60 days of motion.
Q: What is the difference between desertion and constructive desertion in Virginia?
Desertion is when one spouse physically leaves the marital home without justification. Constructive desertion occurs when one spouse’s behavior — such as cruelty or adultery — forces the other spouse to leave. Both require a one-year waiting period under Va. Code § 20-91 before filing for divorce.
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Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.