If your spouse has abandoned you, a Desertion Divorce Lawyer Lexington can help you file under Va. Code § 20-91 after a one-year separation. Law Offices Of SRIS, P.C. has 14 documented case results in Lexington. Mr. Sris personally amended Va. Code § 20-107.3. Consultation by appointment.
What Is Desertion as a Ground for Divorce in Virginia?
Under Va. Code § 20-91, desertion is a fault-based ground for divorce. You must prove your spouse willfully abandoned you without consent and remained absent for at least one year. Unlike no-fault divorce, desertion does not require a separation agreement. However, you must present corroborating evidence at your hearing before Lexington Circuit Court. A Desertion Divorce Lawyer Lexington can help you gather the necessary proof, such as witness testimony or written communication showing intent to abandon.
Last verified: April 2026 | Lexington General District Court | Virginia General Assembly
Official Resources for Desertion Divorce in Lexington
- Va. Code § 20-91 (Divorce Grounds) — Official Virginia statute defining desertion and other grounds.
- Lexington General District Court — Official court website for filing and procedural information.
Insider Procedural Edge: Filing for Desertion Divorce in Lexington
Lexington Circuit Court requires a corroborating witness for any fault-based divorce hearing. This witness must have personal knowledge of the desertion, such as a family member or neighbor who observed the spouse’s absence.
Prosecutors and judges in Lexington expect clear documentation of the one-year separation period. Keep records of separate addresses, utility bills, and any communication showing the spouse’s intent to abandon.
- Step 1: Document the date your spouse left and gather evidence of abandonment (texts, emails, witness statements).
- Step 2: Wait one full year from the date of desertion before filing your complaint.
- Step 3: File a complaint for divorce based on desertion at Lexington Circuit Court (2 South Main Street).
- Step 4: Arrange for a corroborating witness to testify at your hearing.
- Step 5: Attend the final hearing; if the judge finds desertion proven, a divorce decree will be entered.
In Lexington, a desertion-based divorce requires proof of one year of willful abandonment; there is no criminal penalty, but the court may award spousal support and divide property under Va. Code § 20-107.3.
| Offense | Classification | Separation Period | Filing Fee | Additional Costs | Outcome |
|---|---|---|---|---|---|
| Desertion (Fault-Based) | Civil Matter | 1 year | ~$86 | Service of process: $12-$100; Guardian ad Litem: $500-$2,500+ | Divorce decree with potential spousal support and property division |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Desertion Divorce?
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute, giving him unique insight into property division in desertion divorce cases. Firm-wide, we have achieved 4,739+ documented case results with a 93%+ favorable outcome rate. Our team includes Samantha Rae Powers, who handles Virginia family law matters with deep knowledge of Lexington Circuit Court procedures.
Lexington Case Results
Law Offices Of SRIS, P.C. has 14 total documented case results across all practice areas in Lexington, with a 100% favorable outcome rate. While these results are specific to Lexington, they reflect our firm’s commitment to achieving the best possible outcomes for our clients.
Results may vary. Prior results do not guarantee a similar outcome.
Our Richmond Location serves clients at Lexington courts (2 South Main Street).
Distance: Our Richmond Location is approximately 90 miles from Lexington Circuit Court, accessible via I-64 and I-81.
Near-Me: Looking for a Desertion Divorce Lawyer Lexington near Virginia Military Institute or Washington and Lee University? We serve all of Lexington and surrounding areas.
Neighborhoods Served: Lexington
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
NAP: Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Frequently Asked Questions About Desertion Divorce in Lexington
How long do I have to wait to file for desertion divorce in Lexington?
Yes, you must wait one full year from the date your spouse abandoned you. Under Va. Code § 20-91, desertion requires proof of willful abandonment for at least one year before filing at Lexington Circuit Court.
Can I get a divorce if my spouse deserted me but I don’t know where they are?
Yes. If your spouse’s location is unknown, you can request service by publication through Lexington Circuit Court. This involves publishing a notice in a local newspaper for four consecutive weeks.
What evidence do I need to prove desertion in Lexington?
You need a corroborating witness who can testify about the desertion, plus documentation such as separate addresses, utility bills, and any communication showing your spouse’s intent to abandon the marriage.
Is desertion divorce cheaper than no-fault divorce in Virginia?
It depends. The filing fee is the same (~$86), but desertion cases often require more evidence and a corroborating witness, which can increase attorney time and costs compared to an uncontested no-fault divorce.
Can I get spousal support if my spouse deserted me?
Yes. Under Va. Code § 20-107.1, the court considers 13 factors for spousal support, including the length of the marriage and each spouse’s financial situation. Desertion does not automatically bar support.
Does desertion affect child custody in Lexington?
It depends. Custody is decided based on the best interests of the child under Va. Code § 20-124.3. Desertion may be considered as a factor if it shows a lack of commitment to parenting, but it is not determinative.
Related Legal Services
- Virginia Divorce & Family Law Lawyer
- Henrico County Divorce Lawyer
- Chesterfield County Divorce Lawyer
- Lexington Criminal Defense Lawyer
- Lexington DUI Lawyer
- Samantha Powers — Family Law Attorney
- Richmond Office Location
Last verified: April 2026. Information updated as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.