In Arlington County, desertion is a fault ground for divorce under Va. Code § 20-91 requiring a one-year separation; Law Offices Of SRIS, P.C. has 115 documented case results in Arlington County. A Desertion Divorce Lawyer Arlington County can help you prove abandonment and secure a fair outcome.
Under Virginia law, desertion as a fault ground for divorce requires proof that one spouse left the marital home with the intent to permanently end the marriage, without consent, and remained apart for at least one year. Va. Code § 20-91(A)(6) defines willful desertion as a statutory ground. An abandonment divorce grounds lawyer Arlington County can help you gather the evidence needed to prove this ground in court.
Last verified: April 2026 | Arlington County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Review the official statute at Va. Code § 20-91 (official Virginia General Assembly). Court procedures are governed by the Arlington County General District Court.
Arlington County Circuit Court requires corroborating evidence for desertion claims. A spouse abandonment lawyer Arlington County knows that proving intent to abandon is the key challenge.
- Gather evidence of the date your spouse left the marital home.
- Document any written or verbal statements showing intent to abandon.
- Collect proof that the separation has lasted at least one continuous year.
- File a complaint for divorce on fault grounds at Arlington County Circuit Court.
- Present your evidence at the divorce hearing with your attorney.
In Arlington County, desertion divorce carries no criminal penalty but affects property division and spousal support under Va. Code § 20-107.3.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Desertion (Fault Divorce Ground) | Civil — Fault Ground | None | None | None | May affect equitable distribution and spousal support |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined legal experience and has documented 4,739+ case results firm-wide with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute, giving the firm unique authority in family law matters. Advocacy Without Borders.
Law Offices Of SRIS, P.C. has 115 documented case results in Arlington County across all practice areas with a 100% favorable outcome rate. Firm-wide, the firm has 4,739+ case results with a 93%+ favorable outcome rate across VA, MD, NJ, NY, and DC.
Results may vary. Prior results do not guarantee a similar outcome.
Our Arlington location is near the Arlington County Courthouse at 1425 N. Courthouse Rd, accessible via I-395 and Route 50.
Desertion divorce lawyer near Arlington, VA — serving Arlington, Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington.
24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: 703-589-9250 — meetings by appointment only.
By appointment only.
Q: How long does a divorce take in Arlington County, Virginia?
It depends. Uncontested divorce with signed separation agreement: 2-4 months; contested divorce: 9-18 months; complex equitable distribution: 12-24 months. Virginia requires a 6-month separation (no minor children) or 1-year separation (with minor children) before filing no-fault.
Q: How much does a divorce cost in Arlington County, Virginia?
It depends. Circuit Court filing fee for divorce complaint: approximately $86; sheriff service of process: approximately $12; private process server: $50-$100; Guardian ad Litem for custody: typically $500-$2,500+; mediation: $100-$300/hour per party.
Q: Is Virginia a community property state?
No. Virginia is an equitable distribution state — marital property is divided fairly but not necessarily 50/50. The court considers 11 factors under Va. Code § 20-107.3 (personally amended by Mr. Sris). Separate property (pre-marriage, inheritance, gifts) is excluded.
Q: How is child custody decided in Arlington County, Virginia?
Custody is based on the best interests of the child under Va. Code § 20-124.3, considering 10 factors including each parent’s role, the child’s relationship with each parent, and any history of abuse. Arlington County J&DR Court handles standalone custody.
Q: What are the grounds for divorce in Virginia?
No-fault: 6-month separation (no minor children + signed agreement) or 1-year separation. Fault grounds: adultery (no waiting period), cruelty, desertion (1 year), felony conviction (1+ year imprisonment). Filed at Arlington County Circuit Court.
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.