In Chesterfield County, desertion as a fault divorce ground requires a one-year separation under Va. Code § 20-91; Law Offices Of SRIS, P.C. has 15 documented case results in Chesterfield County. A Desertion Divorce Lawyer Chesterfield County can help you prove abandonment and secure a fair outcome.
Desertion as a Ground for Divorce in Chesterfield County
Under Virginia law, desertion is a fault-based ground for divorce. Va. Code § 20-91(6) provides that a divorce may be granted when one spouse willfully deserts the other for a period of one year. The desertion must be without just cause and with the intent to permanently end the marital relationship. The spouse seeking the divorce must prove the abandonment occurred and continued for the full statutory period. Mr. Sris, founder of Law Offices Of SRIS, P.C. in 1997 and a former prosecutor, personally amended Va. Code § 20-107.3, the equitable distribution statute, which governs property division in all Virginia divorces including those based on desertion.
Last verified: April 2026 | Chesterfield County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Desertion divorce specifically requires proof of willful abandonment with no intent to return. This differs from no-fault divorce grounds which require only a separation period. The burden of proof falls on the spouse alleging desertion. A Desertion Divorce Lawyer Chesterfield County must gather evidence of the abandonment, such as witness testimony, financial records showing lack of support, and communications demonstrating intent to permanently leave.
For the complete statutory framework governing desertion divorce in Virginia, review Va. Code § 20-91 (divorce grounds) (official Virginia General Assembly). For court procedures and filing requirements in Chesterfield County, visit the Chesterfield County General District Court website (official Virginia Courts).
Chesterfield County Circuit Court handles all divorce cases including those based on desertion. The court requires corroborating evidence beyond the spouse’s testimony. A Desertion Divorce Lawyer Chesterfield County must present clear proof of the one-year abandonment period.
- Gather evidence of the date of desertion and the spouse’s intent to abandon.
- File a complaint for divorce based on desertion at Chesterfield County Circuit Court.
- Serve the complaint on the absent spouse through sheriff or private process server.
- Present corroborating testimony or documentation at the hearing.
- Obtain a final decree of divorce on fault grounds.
In Chesterfield 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 awards |
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, the equitable distribution statute that governs property division in all Virginia divorces including those based on desertion. The firm’s tagline is “Advocacy Without Borders.”
Mr. Sris, firm founder and former prosecutor, also handles complex desertion divorce cases in Chesterfield County. He brings over 25 years of experience and personally amended Va. Code § 20-107.3.
Law Offices Of SRIS, P.C. has 15 total documented case results across all practice areas in Chesterfield County, with a 100% favorable outcome rate. Firm-wide across VA, MD, NJ, NY, and DC, the firm has 4,739+ case results with a 93%+ favorable outcome rate.
Results may vary. Prior results do not guarantee a similar outcome.
Our Richmond location is approximately 20 minutes from Chesterfield County Circuit Court at 9500 Courthouse Road, accessible via I-95, I-295, Route 1, Route 10, and Route 360 (Hull Street).
Desertion divorce lawyer near Chesterfield County — serving Midlothian, Chester, Colonial Heights area, Bon Air, Brandermill, and Moseley.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
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What is the difference between desertion and separation in Virginia divorce?
Yes. Desertion requires proof that one spouse willfully left the marital home with no intent to return for at least one year. Separation is a mutual decision to live apart. Desertion is a fault ground; separation is no-fault.
Can I get a divorce based on desertion if my spouse left but later returned?
No. If the spouse returns before the one-year period is complete, the desertion period resets. The one-year abandonment must be continuous and uninterrupted to qualify as a fault ground for divorce in Chesterfield County.
How does desertion affect property division in Chesterfield County?
It depends. Under Va. Code § 20-107.3 (personally amended by Mr. Sris), the court considers fault in equitable distribution. Desertion may result in a less favorable property division for the abandoning spouse, but the court weighs 11 factors.
Do I need a lawyer to prove desertion in Chesterfield County Circuit Court?
Yes. Proving desertion requires corroborating evidence and proper legal procedure. A Desertion Divorce Lawyer Chesterfield County can gather witness testimony, financial records, and communications to establish the one-year abandonment period.
What evidence do I need to prove desertion in Chesterfield County?
You need evidence showing the date your spouse left, proof they had no intent to return, and documentation of the one-year period. This can include text messages, emails, witness statements, and financial records showing separate residences.
Can I file for desertion divorce if my spouse abandoned me and the children?
Yes. Desertion of a spouse with minor children still qualifies as a fault ground. The court will also address custody and child support under Va. Code § 20-124.2 and § 20-108.1. A Desertion Divorce Lawyer Chesterfield County can handle all aspects of the case.
For more information about family law in Virginia, visit our Virginia Divorce Lawyer hub page. For family law services in nearby localities, see our Henrico County divorce lawyer and Colonial Heights divorce lawyer pages. For other legal needs in Chesterfield County, see our Chesterfield County criminal defense lawyer and Chesterfield County DUI lawyer pages.
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.