In Fairfax County, desertion as a ground for divorce requires one year of willful abandonment under Va. Code § 20-91. Law Offices Of SRIS, P.C. has 1789 documented case results across all practice areas. A Desertion Divorce Lawyer Fairfax County can explain how this fault ground affects property division and spousal support.
Desertion as a Ground for Divorce Under Virginia Law
Virginia law recognizes desertion as a fault-based ground for divorce. Under Va. Code § 20-91, willful desertion or abandonment must continue for at least one year before you can file for divorce on this ground. The abandoning spouse must have left the marital home without justification and with the intent to end the marriage permanently. A Desertion Divorce Lawyer Fairfax County can help you prove the elements of desertion in court.
Last verified: April 2026 | Fairfax County General District Court | Virginia General Assembly
Official Legal Resources
- Va. Code § 20-91 (Divorce grounds — official Virginia General Assembly)
- Fairfax County General District Court website
Insider Procedural Edge: Proving Desertion in Fairfax County
Fairfax County Circuit Court requires clear evidence of willful desertion. The court examines the date of separation closely. You must show the abandoning spouse left without your consent and without a valid reason. A Desertion Divorce Lawyer Fairfax County knows how to gather the right evidence.
- Document the exact date your spouse left the marital home.
- Gather evidence showing the departure was without your consent.
- Collect communications (texts, emails) showing intent to abandon the marriage.
- File a complaint for divorce on desertion grounds at Fairfax County Circuit Court.
- Attend the hearing with your corroborating witness to testify.
In Fairfax 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.
Why Choose Law Offices Of SRIS, P.C. for Your Desertion Divorce Case
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience. The firm has firm-wide 4,739+ total documented case results across all practice areas with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute. This unique achievement gives our firm deep insight into how fault grounds like desertion affect property division. A Desertion Divorce Lawyer Fairfax County from our team understands the local court procedures at Fairfax County Circuit Court.
Fairfax County Case Results
Law Offices Of SRIS, P.C. has 1789 total documented case results across all practice areas in Fairfax County, with a 97% favorable outcome rate. These results include family law matters handled at Fairfax County Circuit Court.
Results may vary. Prior results do not guarantee a similar outcome.
Fairfax County Desertion Divorce Lawyer Near You
Our Fairfax location is minutes from the Fairfax County courts at 4110 Chain Bridge Road, accessible via I-66 and the Fairfax County Parkway. We serve clients throughout Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
Desertion divorce lawyer near Fairfax County — call 24/7 for a consultation.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
4008 Williamsburg Court, Fairfax, VA 22032
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Frequently Asked Questions About Desertion Divorce in Fairfax County
What is the waiting period for desertion divorce in Virginia?
Yes. Virginia law requires one year of continuous willful desertion before you can file for divorce on this ground under Va. Code § 20-91. The one-year period begins on the date your spouse left the marital home.
Can I get a divorce if my spouse abandoned me but came back?
It depends. If your spouse returned voluntarily before one year passed, the desertion period resets. You would need to show a new period of one year of continuous abandonment from the date they left again.
Does desertion affect property division in Fairfax County?
Yes. Under Va. Code § 20-107.3, the court considers fault grounds like desertion when dividing marital property. The court may award a larger share to the innocent spouse based on the circumstances of the abandonment.
How do I prove desertion in Fairfax County Circuit Court?
You need evidence showing your spouse left without your consent and with intent to end the marriage. This can include text messages, emails, witness testimony, and proof of separate residence. A corroborating witness is required at the hearing.
Can I file for desertion divorce if my spouse is in another state?
Yes. Virginia courts have jurisdiction if you meet the residency requirement of living in Virginia for at least six months before filing. The desertion period still applies regardless of where your spouse lives.
Does desertion affect spousal support in Fairfax County?
Yes. Under Va. Code § 20-107.1, the court considers fault grounds when determining spousal support. A spouse who abandoned the marriage may receive less support or may be required to pay more support to the innocent spouse.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.