In Fairfax County, desertion is a fault ground for divorce under Va. Code § 20-91, requiring a one-year separation period. Law Offices Of SRIS, P.C. has 1789 documented case results in Fairfax County. A Desertion Divorce Lawyer Fairfax can help you prove abandonment and secure a fair outcome.
What Is Desertion as a Ground for Divorce in Virginia?
Under Virginia law, desertion occurs when one spouse leaves the marital home with the intent to permanently end the marriage, without the consent of the other spouse. Va. Code § 20-91(6) requires that the desertion continue for a period of one year before it becomes a valid ground for divorce. This is distinct from a no-fault divorce, which requires a separation period of six months (if no minor children and a signed agreement exists) or one year (if minor children are involved). The key difference is that desertion is a fault-based ground, meaning the abandoning spouse is at fault for ending the marriage. Proving desertion requires evidence that the departure was willful and without justification. A Desertion Divorce Lawyer Fairfax can help you gather the necessary evidence to establish this ground in court.
Last verified: April 2026 | Fairfax County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Official Legal Resources
For the complete text of Virginia’s divorce statutes, visit the Virginia General Assembly’s official code site. For court procedures and filing information, see the Fairfax County General District Court website.
Insider Procedural Edge: Proving Desertion in Fairfax County
Fairfax County Circuit Court handles all divorce matters, including desertion cases. Proving desertion requires showing that your spouse left the marital home with the intent to abandon the marriage permanently. This is different from a mutual separation.
The court will look for evidence such as the date of departure, lack of communication, and the spouse’s actions showing intent to end the marriage. A Desertion Divorce Lawyer Fairfax can help you build this case.
- Step 1: Gather Evidence — Collect documents showing the date your spouse left, any communication about leaving, and proof of intent to abandon.
- Step 2: File a Complaint — File a complaint for divorce based on desertion at the Fairfax County Circuit Court, located at 4110 Chain Bridge Road.
- Step 3: Serve Your Spouse — Have your spouse served with the complaint. This can be done by the sheriff or a private process server.
- Step 4: Attend Hearings — Attend any scheduled hearings, including a pendente lite hearing for temporary support or custody if needed.
- Step 5: Prove Your Case — Present your evidence at trial to prove that desertion occurred and lasted for at least one year.
- Step 6: Obtain Final Decree — If the court finds desertion, it will grant a divorce and address property division, support, and custody.
In Fairfax County, desertion as a ground for 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 Ground) | Civil Matter | None | None | None | May affect equitable distribution and spousal support |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Desertion Divorce Case?
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 firm-wide 4,739+ case results with a 93%+ favorable outcome rate. Our tagline is “Advocacy Without Borders.” Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute, which is directly relevant to desertion divorce cases where property division is at issue. This amendment gives our firm unique authority in Fairfax County family law matters. A Desertion Divorce Lawyer Fairfax from our firm understands the local court procedures and can help you handle your case.
Our team also includes Mr. Sris, who founded the firm in 1997 and personally amended Va. Code § 20-107.3. Mr. Sris is a former prosecutor with bar admissions in VA, MD, DC, NJ, and NY.
Case Results in Fairfax County
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 such as divorce, custody, and support cases.
Results may vary. Prior results do not guarantee a similar outcome.
Our Fairfax Location
Our Fairfax location is located at 4008 Williamsburg Court, Fairfax, VA 22032, just a short distance from the Fairfax County Circuit Court at 4110 Chain Bridge Road. We are accessible via I-66 and the Fairfax County Parkway.
Looking for a desertion divorce lawyer near Fairfax? We serve clients throughout Fairfax County, including Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Frequently Asked Questions About Desertion Divorce in Fairfax County
How long does a desertion divorce take in Fairfax County?
Yes, it takes at least one year. You must prove desertion occurred and continued for one year before filing. After filing, an uncontested case may take 2-4 months; a contested case can take 9-18 months.
Can I get a divorce if my spouse abandoned me but I don’t know where they are?
Yes. You can file for divorce based on desertion even if you do not know your spouse’s location. The court may allow service by publication in a local newspaper if you cannot locate your spouse.
Does desertion affect property division in Virginia?
It depends. Virginia is an equitable distribution state. The court considers fault, including desertion, as one of 11 factors under Va. Code § 20-107.3 when dividing marital property. Desertion may result in a less favorable division for the abandoning spouse.
What evidence do I need to prove desertion in Fairfax County?
You need evidence showing your spouse left the marital home with intent to permanently end the marriage. This can include text messages, emails, witness statements, and proof of the date of departure. Corroborating evidence is required.
Can I get spousal support if my spouse deserted me?
Yes. Desertion is a factor the court considers when awarding spousal support under Va. Code § 20-107.1. The court will consider 13 factors, including the circumstances that led to the separation, when determining support.
Is abandonment the same as desertion in Virginia divorce law?
Yes. In Virginia family law, abandonment and desertion are used interchangeably. Both refer to one spouse leaving the marital home without consent and with the intent to permanently end the marriage. A spouse abandonment lawyer Fairfax can help you prove this ground.
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Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for updated guidance.