Desertion Divorce Lawyer Virginia Beach, VA
If your spouse has willfully abandoned the marriage and you seek to end the union based on fault, a desertion divorce in Virginia may be an appropriate legal avenue. This page discusses filing for a divorce in Virginia Beach on the ground of willful desertion — a fault-based ground under Va. Code § 20‑91(8). It is not a criminal defense resource. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. bring over 120 years of combined legal experience. Results may vary. Reach our firm at (888) 437‑7747 to discuss your situation. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What Desertion Divorce Means in Virginia Beach
Virginia is an equitable distribution state, and fault grounds such as desertion can affect property division, spousal support, and the timeline of a case. Willful desertion or abandonment for at least one year is one of the fault grounds recognized under Va. Code § 20‑91(8). When a spouse leaves the marital home without justification and with the intent to remain apart permanently, the abandoned spouse may file for divorce in the Virginia Beach Circuit Court. The Circuit Court has exclusive original jurisdiction over divorce matters (Va. Code § 20‑96).
Virginia Beach family law cases are filed at the Virginia Beach Circuit Court, located at 2425 Nimmo Parkway, Bldg 10B, Virginia Beach, VA 23456. The court’s docket includes all divorce, equitable distribution, and spousal support actions; standalone custody and support matters are heard separately in the Virginia Beach Juvenile and Domestic Relations District Court. Because Virginia is not a community property state, the court divides marital assets according to the 11 factors listed in Va. Code § 20‑107.3. Fault, including desertion, is among the considerations that can influence the court’s equitable distribution determination. The Circuit Court filing fee for a divorce complaint is approximately $86; additional costs for service of process, guardian ad litem appointments, and mediation vary by case.
In Virginia, an uncontested divorce based on separation generally requires a corroborating witness. For a desertion-based divorce, the petitioner must present evidence that the spouse left voluntarily, remained away for at least one continuous year, and did not return. A property settlement agreement signed by both parties can resolve all outstanding issues without trial, even when the divorce is pursued under a fault ground. Mr. Sris and his Of Counsel team handle desertion divorce matters throughout Virginia Beach and the surrounding communities of Sandbridge and Oceana from the firm’s Richmond location. Contact our firm at (888) 437‑7747.
How Mr. Sris and His Of Counsel Handle Desertion Divorce Cases
When a client retains Law Offices Of SRIS, P.C. for a desertion divorce, the first step is a careful review of the facts to confirm that the one‑year desertion period is satisfied and that evidence of willful abandonment exists. The complaint is drafted to plead desertion as the fault ground. Mr. Sris and his Of Counsel then arrange service of process. If the spouse is in another state or overseas, service may proceed under the applicable rules for out‑of‑state respondents. The firm does not guarantee any specific timeline; the court schedules hearings on its own calendar.
After service, pendente lite relief — temporary spousal support, custody, or exclusive use of the family home — may be requested while the divorce is pending. If the parties reach a settlement, the agreement can be incorporated into a final decree. When trial is necessary, Mr. Sris and his Of Counsel present the evidence of desertion and argue how fault should affect property division and support. Because desertion is a fault ground, proving it may influence the court’s decision on spousal support and the equitable distribution of marital assets. Throughout the process, the firm focuses on protecting the client’s interests without making promises about case outcomes. Results may vary.
About Mr. Sris and His Of Counsel Team
Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C., a firm that has been practicing since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His Of Counsel attorneys bring additional experience in family law, criminal defense, and child welfare matters, and together the team has documented 4,739+ case results across all practice areas. Results may vary. Every non‑Sris attorney serves in an Of Counsel capacity — the firm has no associates or partners.
Mr. Sris and his Of Counsel handle desertion divorce cases from the firm’s Richmond location, serving clients in Virginia Beach, Sandbridge, and Oceana. The team’s approach emphasizes thorough preparation and an understanding of how fault grounds can shape outcomes in equitable distribution and spousal support determinations. For a consultation, call (888) 437‑7747.
Frequently Asked Questions
What qualifies as desertion for a divorce in Virginia?
Willful desertion or abandonment for one continuous year qualifies as a fault ground for divorce in Virginia. Under Va. Code § 20‑91(8), the spouse must have left voluntarily, without justification, and with the intent to remain away permanently. The one-year period must be uninterrupted. The petitioner bears the burden of proving the desertion, often through testimony, correspondence, or financial records. If the deserted spouse later resumes cohabitation, the clock may reset. The Virginia Beach Circuit Court has exclusive jurisdiction over the divorce action.
How does a desertion divorce differ from a no-fault divorce in Virginia Beach?
A desertion divorce relies on proving fault, whereas a no‑fault divorce requires only a period of separation without proving wrongdoing. Virginia’s no‑fault ground under § 20‑91(9)(a) requires either one year of separation or six months with a signed separation agreement and no minor children. A desertion‑based divorce can be filed immediately once the one‑year desertion period is met, without waiting for a separation agreement. However, proving desertion may involve contested hearings, while a no‑fault divorce is often simpler. The choice between fault and no‑fault can affect spousal support and property division, as fault may be considered under Va. Code § 20‑107.3.
Can I get spousal support if I file for divorce based on desertion?
Yes, desertion as a fault ground can be a factor the court considers when determining spousal support in Virginia. Virginia law permits the court to award spousal support pendente lite and permanent support based on statutory factors that include the circumstances and factors contributing to the dissolution of the marriage. Desertion, if proven, may weigh in favor of the abandoned spouse. Mr. Sris and his Of Counsel evaluate how fault may influence a support award in each specific case. Contact our firm at (888) 437‑7747 to discuss the details of your matter.
Do I need to live in Virginia Beach to file for desertion divorce there?
At least one spouse must have been a resident and domiciliary of Virginia for at least six months before filing, but the divorce suit may be filed in any circuit court where venue requirements are met. Under Va. Code § 20‑97, Virginia residency is required, not necessarily Virginia Beach residency. If the desertion occurred while the parties lived in Virginia Beach, venue typically lies there. The Virginia Beach Circuit Court sits at 2425 Nimmo Parkway and hears all divorce cases arising from the city’s geographic area. Mr. Sris and his Of Counsel can confirm whether Virginia Beach is the appropriate venue for your case.
What if my spouse left the country — can I still get a desertion divorce in Virginia Beach?
Yes, desertion can be established even if the spouse has moved abroad, provided you can prove the one‑year willful abandonment. Service of process on a spouse outside the United States may proceed under the Hague Service Convention or through alternative means authorized by the Virginia court. The foreign location does not negate the desertion ground. However, international service can extend the timeline, and the court may require additional steps to confirm the spouse has received notice. Law Offices Of SRIS, P.C. has experience with cross‑border family law matters. For guidance on your specific situation, reach our firm at (888) 437‑7747.
Related family law pages: Family Law Fairfax County · Family Law Prince William County · Family Law Fairfax City · Family Law Falls Church · Family Law Manassas City
Official resources: Virginia Code Title 20 — Domestic Relations · Virginia Beach Circuit Court · Virginia Judicial System
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