A Desertion Divorce Lawyer Dinwiddie County handles cases where one spouse abandons the other for one year under Va. Code § 20-91. Law Offices Of SRIS, P.C. has 30 documented case results in Dinwiddie County. Mr. Sris personally amended Virginia’s equitable distribution statute. Call (888) 437-7747.
Statutory Definition of Desertion Divorce in Virginia
Last verified: April 2026 | Dinwiddie County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Desertion as a fault ground for divorce in Virginia requires proof that one spouse abandoned the other with the intent to permanently end the marriage, without consent, for a continuous period of one year. This is distinct from no-fault divorce which requires a 6-month or 1-year separation. A Desertion Divorce Lawyer Dinwiddie County can help you establish the elements of abandonment under Virginia law. The spouse who leaves must do so without justification and with no intent to return. Constructive desertion occurs when one spouse’s conduct forces the other to leave the marital home. Va. Code § 20-91(6) specifically addresses desertion as grounds for divorce. Mr. Sris, founder of Law Offices Of SRIS, P.C., personally amended Va. Code § 20-107.3, the equitable distribution statute that governs property division in all Virginia divorces including those based on desertion.
External Citation Links
Review the official Va. Code § 20-91 (divorce grounds including desertion) on the Virginia General Assembly website. For court procedures, visit the Dinwiddie County General District Court website.
Insider Procedural Edge: Desertion Divorce in Dinwiddie County
In Dinwiddie County Circuit Court, proving desertion requires corroborating testimony from a witness other than the spouse. The court examines the date of abandonment closely. You must show the one-year period ended before filing.
- Gather evidence of the date your spouse left the marital home without your consent.
- Document any communication showing intent to permanently end the marriage.
- Identify a corroborating witness who can testify about the abandonment.
- File a complaint for divorce based on desertion at Dinwiddie County Circuit Court.
- Attend the pendente lite hearing for temporary support if needed.
- Present your case at the final hearing with your corroborating witness.
Penalty Table for Desertion Divorce
In Dinwiddie County, desertion divorce under Va. Code § 20-91 carries no criminal penalty but affects property division and spousal support outcomes.
| Issue | Classification | Impact on Divorce | Financial Consequences | Additional Factors |
|---|---|---|---|---|
| Desertion (1 year) | Fault Ground | Allows immediate filing after 1 year | May affect spousal support award | Corroborating witness required |
| Equitable Distribution | Property Division | Court considers fault in dividing assets | Unequal division possible | Va. Code § 20-107.3 factors apply |
| Spousal Support | Financial Award | Fault may reduce or deny support | Based on 13 statutory factors | Duration of marriage considered |
Results may vary. Prior results do not guarantee a similar outcome.
E-E-A-T Authority Block
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 4,739+ documented case results firm-wide across VA, MD, NJ, NY, and DC. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute that governs property division in all Virginia divorces. This amendment is a documented, real-world achievement that provides a unique advantage in family law cases. The firm’s tagline is “Advocacy Without Borders.”
Samantha Rae Powers, Associate Attorney at Law Offices Of SRIS, P.C. — Licensed in VA, FL. Experienced family law and civil litigator. View Samantha Rae Powers’s Profile
Case Results in Dinwiddie County
Law Offices Of SRIS, P.C. has 30 total documented case results across all practice areas in Dinwiddie County with a 100% favorable outcome rate. These results include traffic cases amended to defective equipment. 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.
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Our Richmond location serves clients at Dinwiddie County courts (Dinwiddie Courthouse), accessible via I-85, Route 1, Route 460, and Route 226. If you need a Desertion Divorce Lawyer Dinwiddie County near Dinwiddie or McKenney, we can help. We serve the communities of Dinwiddie and McKenney.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr, Suite 300, Room 359, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Frequently Asked Questions About Desertion Divorce in Dinwiddie County
What is desertion as a ground for divorce in Virginia?
Yes. Desertion under Va. Code § 20-91 requires one spouse to abandon the other without consent for one continuous year with intent to permanently end the marriage. Dinwiddie County Circuit Court handles these cases. Corroborating witness testimony is required.
How long does a desertion divorce take in Dinwiddie County?
It depends. Uncontested desertion divorce with signed separation agreement: 2-4 months from filing. Contested desertion divorce: 9-18 months. The one-year abandonment period must be complete before filing. Dinwiddie County Circuit Court handles all divorces.
Is Virginia a community property state for desertion divorce?
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. Desertion may affect the division of assets.
How much does a desertion divorce cost in Dinwiddie County?
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.
Can I get spousal support in a desertion divorce?
It depends. The court considers 13 statutory factors under Va. Code § 20-107.1. Desertion by the spouse seeking support may reduce or deny the award. Dinwiddie County Circuit Court determines spousal support based on the circumstances of the abandonment.
What is the difference between desertion and separation in Virginia?
Desertion requires proof of intent to permanently abandon the marriage without consent. Separation is mutual or no-fault. Desertion allows immediate filing after one year. No-fault separation requires 6 months (no minor children) or 1 year (with minor children) living apart.
Internal Links
Virginia Divorce & Family Law Lawyer — Henrico County Divorce Lawyer — Chesterfield County Divorce Lawyer — Dinwiddie County Criminal Defense Lawyer — Dinwiddie County DUI Lawyer
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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.