In Augusta County, Virginia, desertion is a fault ground for divorce under Va. Code § 20-91 requiring a one-year separation. Law Offices Of SRIS, P.C. has 13 documented case results in Augusta County. A Desertion Divorce Lawyer Augusta County can help you prove willful abandonment and obtain a divorce decree.
Virginia Desertion Divorce Law: Va. Code § 20-91
Under Virginia law, desertion as a ground for divorce requires proof that one spouse willfully abandoned the other for a continuous period of one year. Va. Code § 20-91(A)(6) defines desertion as the willful and malicious abandonment of one spouse by the other without consent and without just cause. The abandoned spouse must prove the desertion was against their will and lasted the full statutory period. An abandonment divorce grounds lawyer Augusta County can help gather the evidence needed to establish this ground in court.
Last verified: April 2026 | Augusta County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
For the full text of Virginia’s divorce statutes, visit the Virginia General Assembly code for Title 20 (Domestic Relations). Court procedures for filing a desertion divorce in Augusta County are governed by the Augusta County Circuit Court.
How to Prove Desertion in Augusta County Circuit Court
Proving desertion requires showing the departing spouse left without your consent and without legal justification. Augusta County Circuit Court judges require clear and convincing evidence of willful abandonment.
- Document the exact date your spouse left the marital home.
- Gather evidence showing the departure was against your will (texts, emails, witness statements).
- Prove no consent was given for the separation.
- Show the abandonment lasted a continuous one-year period.
- File a complaint for divorce based on desertion at Augusta County Circuit Court.
- Attend the hearing with corroborating witness testimony.
In Augusta County, desertion divorce carries no criminal penalty but affects property division and spousal support under equitable distribution rules.
| Ground | Classification | Waiting Period | Impact on Property | Impact on Support | Additional Consequences |
|---|---|---|---|---|---|
| Desertion (Va. Code § 20-91(A)(6)) | Fault ground for divorce | 1 year continuous | Court may award a greater share to the abandoned spouse | May affect spousal support award | No impact on child custody; may affect attorney fee awards |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Augusta County 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 — a rare achievement that demonstrates deep knowledge of Virginia family law. Our firm has 4,739+ documented case results firm-wide across VA, MD, NJ, NY, and DC, with a 93%+ favorable outcome rate. In Augusta County, we have 13 documented case results with a 100% favorable outcome rate.
Mr. Sris, firm founder and managing attorney, also handles complex Augusta County family law cases. His background as a former prosecutor and his personal amendment of Va. Code § 20-107.3 provide unique strategic advantages in contested divorce matters.
Augusta County Case Results
Law Offices Of SRIS, P.C. has 13 total documented case results across all practice areas in Augusta County, with a 100% favorable outcome rate. These results include traffic and family law matters handled at Augusta County General District Court and Augusta County Circuit Court.
Results may vary. Prior results do not guarantee a similar outcome.
Our Augusta County Family Law Services
Our Shenandoah/Woodstock Location serves clients at Augusta County courts (6 East Johnson Street, Staunton, VA 24401), accessible via I-81, I-64, Route 11, Route 250, and Route 340. We serve Staunton, Waynesboro, Fishersville, Stuarts Draft, Verona, and Churchville.
Looking for a Desertion Divorce Lawyer Augusta County near you? Our location is easily accessible from all parts of Augusta County.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Shenandoah/Woodstock Location
505 N Main St, Suite 103, Woodstock, VA 22664
Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions About Desertion Divorce in Augusta County
How long does a desertion divorce take in Augusta County?
Yes. A desertion divorce requires proof of one year of continuous abandonment. From filing to final decree, expect 2-4 months for an uncontested case or 9-18 months if contested.
What evidence do I need to prove desertion in Augusta County?
It depends. You need documentation showing your spouse left without your consent, evidence of the departure date, witness testimony, and proof the abandonment lasted one full year without reconciliation attempts.
Can I get a divorce faster using desertion instead of no-fault?
No. Desertion requires a one-year waiting period, while no-fault divorce requires only six months if you have no minor children and a signed separation agreement. Desertion may provide strategic advantages in property division.
Does desertion affect child custody in Augusta County?
No. Child custody is decided based on the best interests of the child under Va. Code § 20-124.3, not on fault grounds. Desertion alone does not determine custody outcomes.
How much does a desertion divorce cost in Augusta County?
It depends. Circuit Court filing fee is approximately $86, plus $12 for sheriff service or $50-$100 for a private process server. Attorney fees vary based on case complexity and whether the divorce is contested.
Is Virginia a community property state for desertion divorce?
No. Virginia is an equitable distribution state. The court divides marital property fairly but not necessarily 50/50. Desertion by one spouse may result in a larger share awarded to the abandoned spouse.
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.
Learn more about Virginia family law lawyers. Compare with Shenandoah County divorce lawyers or Rockingham County divorce lawyers. See also Augusta County criminal defense lawyers.