In Prince George County, desertion for one year is a fault ground for divorce under Va. Code § 20-91. Law Offices Of SRIS, P.C. has 7 documented case results in Prince George County. A Desertion Divorce Lawyer Prince George County can help you prove abandonment and secure a fair outcome. Consultation by appointment.
Last verified: April 2026 | Prince George County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
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. The abandoned spouse must show the desertion was against their will and without consent. Va. Code § 20-91(A)(6) specifically addresses desertion as a fault-based ground. Unlike no-fault divorce based on separation, desertion does not require a signed separation agreement. The spouse seeking the divorce must file in Prince George County Circuit Court and provide corroborating evidence of the abandonment. Mr. Sris, founder of Law Offices Of SRIS, P.C., personally amended Va. Code § 20-107.3 (equitable distribution statute), giving the firm unique insight into how fault grounds like desertion affect property division.
Desertion divorce specifically requires proof of willful abandonment with intent to permanently end the marital relationship. This differs from constructive desertion, where one spouse’s conduct forces the other to leave. Under Va. Code § 20-91(A)(6), the abandoning spouse must have left without the other’s consent and with no intention of returning. A Desertion Divorce Lawyer Prince George County from SRIS, P.C. can help gather evidence such as text messages, financial records, and witness testimony to establish the statutory elements of desertion.
For official legal references, consult the Virginia Code § 20-91 (divorce grounds — official Virginia General Assembly) and the Prince George County General District Court website for local court procedures and filing requirements.
- File a verified complaint for divorce based on desertion at Prince George County Circuit Court (6601 Courts Drive).
- Serve the complaint on the deserting spouse via sheriff or private process server.
- Gather evidence of willful abandonment: financial records, communication logs, witness affidavits.
- Attend the pendente lite hearing if temporary support or custody is needed.
- Proceed to final hearing with corroborating witness testimony proving the one-year desertion period.
In Prince George County, desertion divorce carries no criminal penalty but affects property division, spousal support, and custody determinations under Virginia’s equitable distribution framework.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Desertion (Divorce Ground) | Fault-based divorce ground | None | None | None | May reduce spousal support award; affects equitable distribution under Va. Code § 20-107.3 |
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 achieved 4,739+ documented case results with a 93%+ favorable outcome rate firm-wide across Virginia, Maryland, New Jersey, New York, and Washington D.C. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute, providing the firm with unparalleled authority in family law matters involving fault-based divorce grounds like desertion. The firm’s tagline is “Advocacy Without Borders.”
Law Offices Of SRIS, P.C. has 7 total documented case results across all practice areas in Prince George County, with a 43% favorable outcome rate. Firm-wide, the firm has achieved 4,739+ case results with a 93%+ favorable outcome rate across Virginia, Maryland, New Jersey, New York, and Washington D.C.
Results may vary. Prior results do not guarantee a similar outcome.
Our Richmond location is accessible from Prince George County via I-295 and Route 10, approximately 25 miles from the Prince George County Circuit Court at 6601 Courts Drive.
Desertion divorce lawyer near Prince George County — serving Prince George, Hopewell area, and surrounding communities.
Neighborhoods served: Prince George, Hopewell area.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
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What is desertion as a ground for divorce in Prince George County?
Yes. Desertion under Va. Code § 20-91 requires one spouse willfully abandon the other for one continuous year without consent and with intent to permanently end the marriage. Prince George County Circuit Court handles these cases.
How long does a desertion divorce take in Prince George County?
It depends. A desertion divorce typically takes 12-18 months because you must prove the one-year desertion period plus court processing time. Contested cases with property division or custody issues can take 18-24 months.
Can I get spousal support if my spouse deserted me in Prince George County?
Yes. Spousal support is determined under Va. Code § 20-107.1 based on 13 factors including the length of marriage and each spouse’s financial needs. Desertion by your spouse may strengthen your support claim.
What evidence do I need to prove desertion in Prince George County?
You need evidence showing your spouse left without your consent and intended to permanently end the marriage. This includes text messages, emails, financial records showing separate accounts, and witness testimony from family or friends.
Does desertion affect property division in Prince George County?
Yes. Virginia is an equitable distribution state under Va. Code § 20-107.3 (personally amended by Mr. Sris). The court considers fault grounds like desertion when dividing marital property, potentially awarding a larger share to the abandoned spouse.
Can I file for desertion divorce if my spouse left the state?
Yes. You can file in Prince George County Circuit Court if you meet Virginia’s residency requirements (6 months in Virginia, 6 months in Prince George County). The court has jurisdiction over the divorce even if your spouse lives out of state.
For more information, visit our Virginia Family Law Lawyer hub page. See also our Henrico County divorce lawyer page and Chesterfield County divorce lawyer page. For other legal needs in Prince George County, see our Prince George County criminal defense lawyer page.
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.