In Colonial Heights, Virginia, desertion is a fault ground for divorce under Va. Code § 20-91 requiring one year of willful abandonment. Law Offices Of SRIS, P.C. has 4 documented case results in Colonial Heights courts. A Desertion Divorce Lawyer Colonial Heights can help you prove abandonment and secure a fair outcome.
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 without justification. Va. Code § 20-91(A)(6) defines desertion as the willful and malicious abandonment of the other spouse. The abandoning spouse must have left without consent and with the intent to permanently end the marital relationship. A Desertion Divorce Lawyer Colonial Heights can help gather evidence such as bank records, text messages, and witness testimony to establish the elements of desertion. The Colonial Heights Circuit Court, located at 550 Boulevard, Colonial Heights, VA 23834, handles all divorce filings in the city. Mr. Sris, founder of Law Offices Of SRIS, P.C. (founded 1997), personally amended Va. Code § 20-107.3, the equitable distribution statute, giving the firm unique insight into Virginia family law.
Last verified: April 2026 | Colonial Heights General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Desertion divorce under Va. Code § 20-91(A)(6) requires proof of willful abandonment for one year. This differs from no-fault divorce, which requires a separation period of six months (no minor children) or one year (with minor children). The key distinction is that desertion requires showing the abandoning spouse left without consent and with intent to end the marriage permanently.
For more information on Virginia divorce law, consult the Virginia Code § 20-91 (divorce grounds) and the Colonial Heights General District Court website.
In Colonial Heights Circuit Court, proving desertion requires more than just showing your spouse moved out. You must demonstrate the abandonment was willful and without your consent. The court examines the totality of circumstances, including financial support, communication patterns, and the reasons for separation.
- File a complaint for divorce at Colonial Heights Circuit Court (550 Boulevard) with the $86 filing fee.
- Serve your spouse with the divorce papers via sheriff ($12) or private process server ($50-$100).
- Gather evidence of desertion: bank records showing separate accounts, text messages, emails, witness statements.
- Attend the pendente lite hearing (21-60 days after motion) for temporary support and custody orders.
- Participate in mediation ($100-$300/hour per party) if ordered by the court.
- Present your case at trial or submit a property settlement agreement for the judge’s approval.
In Colonial Heights, desertion divorce carries no criminal penalty but affects property division and spousal support under Va. Code § 20-107.3.
| Issue | Classification | Impact | Legal Standard | Additional Consequences |
|---|---|---|---|---|
| Desertion (Fault Ground) | Fault Divorce Ground | May affect spousal support award | Va. Code § 20-91(A)(6) | May bar spousal support for abandoning spouse |
| Equitable Distribution | Property Division | Court considers fault in dividing assets | Va. Code § 20-107.3 | Fault can reduce share of marital property |
| Spousal Support | Financial Award | Fault may bar or reduce support | Va. Code § 20-107.1 | 13-factor analysis includes fault |
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 with a 93%+ favorable outcome rate firm-wide. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute, demonstrating deep knowledge of Virginia family law. The firm’s tagline is “Advocacy Without Borders.”
Mr. Sris, founder of the firm and former prosecutor, provides secondary oversight on complex family law cases. His personal amendment of Va. Code § 20-107.3 gives the firm unique insight into Virginia’s equitable distribution framework.
In Colonial Heights, Law Offices Of SRIS, P.C. has 4 total documented case results across all practice areas with a 100% favorable outcome rate. These include dismissals and reductions in traffic and criminal matters at Colonial Heights General District Court.
Results may vary. Prior results do not guarantee a similar outcome.
Our Richmond location is approximately 20 minutes from Colonial Heights Circuit Court, accessible via I-95 and Route 1.
Looking for a Desertion Divorce Lawyer Colonial Heights near Southpark Mall or the Colonial Heights Courthouse on Boulevard?
We serve clients throughout Colonial Heights, including all neighborhoods in this independent city.
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How long does a divorce take in Colonial Heights, Virginia?
Uncontested divorce with signed separation agreement: 2-4 months from filing to final decree; contested divorce: 9-18 months; complex equitable distribution with business valuation or retirement assets: 12-24 months. Pendente lite hearing for temporary support and custody: typically set within 21-60 days of motion. Virginia requires a 6-month separation (no minor children with signed agreement) or 1-year separation (with minor children) before filing no-fault. Colonial Heights Circuit Court handles all divorces.
How much does a divorce cost in Colonial Heights, Virginia?
Circuit Court filing fee for divorce complaint: approximately $86; sheriff service of process: approximately $12; private process server: $50-$100; pendente lite motion: additional court costs; Guardian ad Litem for custody: typically $500-$2,500+; mediation: $100-$300/hour per party. Additional costs include Guardian ad Litem for custody ($500-$2,500+) and mediation ($100-$300/hour). Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3). Cases filed at Colonial Heights General District Court.
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). Colonial Heights Circuit Court (550 Boulevard, Colonial Heights, VA 23834) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in Colonial Heights, Virginia?
Custody in Colonial Heights 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. Colonial Heights J&DR Court handles standalone custody. Colonial Heights Circuit Court handles custody within divorce cases.
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 Colonial Heights Circuit Court. Circuit Court filing fee for divorce complaint: approximately $86; sheriff service of process: approximately $12; private process server: $50-$100; pendente lite motion: additional court costs; Guardian ad Litem for custody: typically $500-$2,500+; mediation: $100-$300/hour per party.
For more information about family law in Virginia, visit our Virginia Family Law Lawyer hub page.
We also serve nearby areas: Henrico County divorce lawyer and Chesterfield County divorce lawyer.
For other legal needs in Colonial Heights, see our Colonial Heights criminal defense lawyer and Colonial Heights DUI lawyer pages.
Learn more about our team: Bryan Block, Former Virginia State Trooper.
Visit our Richmond office location for in-person consultations.
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.