In New Kent County, Virginia, desertion as a fault ground for divorce requires a one-year separation under Va. Code § 20-91; Law Offices Of SRIS, P.C. has 11 documented case results in New Kent County. A Desertion Divorce Lawyer New Kent County can explain your rights under this statute.
Desertion as a Ground for Divorce in Virginia
Under Virginia law, desertion is a fault-based ground for divorce. Va. Code § 20-91(6) provides that a divorce may be granted where either party has willfully deserted the other for a period of one year. This means one spouse leaves the marital home without the other’s consent and with the intent to permanently end the marriage. The desertion must be continuous for the full year before filing. Unlike no-fault divorce, which requires a six-month or one-year separation with a signed agreement, desertion does not require a separation agreement. However, the abandoned spouse must prove the desertion occurred and lasted the statutory period. The New Kent County Circuit Court at 12001 Courthouse Circle handles all divorce filings, including those based on desertion. Mr. Sris, founder of Law Offices Of SRIS, P.C. in 1997, brings former prosecutor experience to these cases. An abandonment divorce grounds lawyer New Kent County can help gather evidence of the desertion.
Last verified: April 2026 | New Kent County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
For the full text of Virginia’s divorce statutes, see Va. Code § 20-91 (official Virginia General Assembly). For court procedures and forms, visit the New Kent County Circuit Court website.
Insider Procedural Edge: Proving Desertion in New Kent County
In New Kent County Circuit Court, proving desertion requires clear and convincing evidence. The court looks for intent to permanently abandon the marriage, not just a temporary separation. A spouse abandonment lawyer New Kent County can help document the date of departure and lack of consent.
- Document the exact date your spouse left the marital home.
- Gather evidence showing the departure was without your consent.
- Collect records proving the desertion lasted a full year.
- File a complaint for divorce based on desertion at New Kent County Circuit Court.
- Attend the hearing with corroborating witnesses or documentary proof.
In New Kent County, desertion divorce carries no criminal penalty but affects property division and spousal support under equitable distribution.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Desertion (Fault Ground) | Civil Matter | None | None | None | May affect equitable distribution and spousal support under Va. Code § 20-107.3 |
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 documented 4,739+ case results firm-wide across Virginia, Maryland, New Jersey, New York, and Washington D.C., with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute, giving the firm unique insight into how fault grounds like desertion affect property division. The firm’s tagline is “Advocacy Without Borders.”
Case Results in New Kent County
Law Offices Of SRIS, P.C. has 11 total documented case results across all practice areas in New Kent County, with a 100% favorable outcome rate. These results demonstrate the firm’s commitment to clients facing desertion divorce and other family law matters.
Results may vary. Prior results do not guarantee a similar outcome.
Our New Kent County Location
Our Richmond Location serves clients at New Kent County courts (12001 Courthouse Circle), accessible via I-64, Route 33, Route 249, and Route 60. We serve New Kent, Providence Forge, and Quinton.
Desertion Divorce Lawyer near New Kent County — near Colonial Downs Racetrack.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
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Frequently Asked Questions About Desertion Divorce in New Kent County
How long does a desertion divorce take in New Kent County?
Yes. Virginia requires a one-year continuous desertion before filing. After filing, an uncontested desertion divorce takes 2-4 months; contested cases take 9-18 months at New Kent County Circuit Court.
What evidence do I need to prove desertion in New Kent County?
It depends. The court requires clear and convincing evidence, including the date your spouse left, proof the departure was without your consent, and documentation showing the desertion lasted one full year. Corroborating witnesses strengthen your case.
Can I get spousal support if my spouse deserted me in New Kent County?
Yes. Under Va. Code § 20-107.1, the court considers 13 factors for spousal support. Desertion as a fault ground may increase your chances of receiving support, as the court considers the circumstances of the separation.
Is desertion the same as abandonment in Virginia divorce law?
Yes. Virginia law uses “desertion” and “abandonment” interchangeably. Both refer to one spouse leaving the marital home without consent and with intent to permanently end the marriage, requiring a one-year waiting period under Va. Code § 20-91.
How does desertion affect property division in New Kent County?
It depends. Virginia is an equitable distribution state under Va. Code § 20-107.3 (personally amended by Mr. Sris). The court may consider desertion as a factor when dividing marital property, potentially favoring the abandoned spouse.
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.