Desertion Divorce Lawyer Colonial Heights, VA

You came home to an empty house and a note that your spouse had left for good. The months that followed brought silence and unanswered calls. Now you wonder: Can I get divorced in Virginia if my spouse abandoned me? In Colonial Heights, a desertion divorce allows you to end the marriage when your spouse has willfully deserted you for one year. Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel team bring over 120 years of combined legal experience and 4,739+ documented firm-wide results to help you move forward. Results may vary. Call (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. — Advocacy Without Borders.

Strategy Options for Desertion Divorce

Mr. Sris and his Of Counsel approach every desertion divorce with a clear focus on your goals. We gather evidence of willful abandonment—bank records, witness statements, and communications—to establish the one-year desertion period required under Virginia law. Because desertion is a fault ground, the outcome can influence property division and spousal support. We position you to seek the fairest resolution while handling the legal complexity on your behalf.

Whether you are the spouse who was left or the one accused of desertion, the firm’s extensive experience in Colonial Heights courts allows us to tailor a strategy that protects your interests. We emphasize practical solutions and, when possible, negotiated settlements to avoid a contested trial. Yet if trial becomes necessary, our team is prepared to present a thorough case in the Colonial Heights Circuit Court.

What to Expect

Your desertion divorce will be filed as a complaint in the Colonial Heights Circuit Court, which has exclusive jurisdiction over divorces. The process typically begins with gathering documentation and identifying corroborating witnesses, as Virginia law requires proof beyond your own testimony for a fault-based divorce. The court schedules hearings on its calendar, and timeframes vary by case complexity.

During the proceedings, issues like child custody, child support, equitable distribution of marital property, and spousal support may be addressed. The court may also enter temporary orders while the divorce is pending. Mr. Sris and his Of Counsel will guide you through each step, ensuring you understand what is happening and what to expect next.

Penalty Overview

Desertion itself is not a crime; it is a fault ground for divorce. When the court finds desertion, it can affect the division of marital property and the amount and duration of spousal support. A spouse found to have willfully deserted the marriage may receive a less favorable distribution of assets or be ordered to pay support. The court considers all statutory factors, and each case turns on its specific facts. Because past results do not guarantee a similar outcome, we work to present the strongest evidence so the court can make a fair determination.

Attorney Credentials

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Alongside his Of Counsel team, he brings over 120 years of combined legal experience and 4,739+ documented firm-wide results to family law matters in Colonial Heights. Results may vary. The firm’s Richmond location serves clients throughout the area.

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Frequently Asked Questions

What is desertion divorce under Virginia law?

Desertion divorce is a fault-based ground for divorce when one spouse willfully leaves the marital home with the intent to abandon the marriage for one year. Virginia Code § 20-91(8) requires proof that the desertion was voluntary and without justification. The spouse seeking the divorce must present evidence of the abandonment. Desertion does not require a formal separation agreement, but the one-year period must be continuous. The Colonial Heights Circuit Court is the proper venue for filing.

How long must my spouse be gone before I can file for desertion divorce in Colonial Heights?

The spouse must have been willfully absent for at least one year before you can file a complaint for desertion divorce. The clock starts when the deserting spouse leaves with the intent to end the marriage. Occasional brief returns do not necessarily interrupt the one-year period if the intent to abandon remains. The date of separation is critical for establishing the ground. Our firm helps document the timeline with phone records, witness statements, and other evidence.

What evidence do I need for a desertion divorce?

Evidence typically includes witness testimony, correspondence, financial records showing a separate life, and your own affidavit describing the abandonment. Virginia courts require corroborating proof beyond your word. Witnesses can testify that the spouse left and never returned. Phone records, text messages, and social media posts may also support the claim. Our team knows what the Colonial Heights court expects and helps gather the necessary documentation.

Will desertion affect my property division or spousal support?

Yes, a finding of desertion can influence how the court divides marital property and awards spousal support. Desertion is a fault ground, and Virginia is an equitable distribution state. The judge may award a larger share of assets to the innocent spouse and may order the deserting spouse to pay spousal support. The exact impact depends on the financial circumstances of both parties and other statutory factors. Mr. Sris and his Of Counsel evaluate how desertion evidence can shape the court’s decision.

Can I get custody of my children if my spouse deserted us?

Desertion can be a relevant factor in a custody determination because it may reflect on the parent’s willingness to maintain a relationship with the child. Custody in Virginia is decided based on the best interests of the child. The court will consider the history of abandonment when assessing each parent’s role and fitness. The parent who remained with the children generally has a stronger custody argument, but no outcome is automatic. We guide clients through custody and visitation issues as part of the divorce.

Do I need a lawyer for a desertion divorce in Colonial Heights?

You are not required by law to hire an attorney, but desertion divorce involves complex fault-proof requirements that benefit from experienced legal counsel. Corroborating evidence, witness testimony, and the intersection of desertion with property and support claims demand careful preparation. Representing yourself can lead to preventable mistakes. Mr. Sris and his Of Counsel have decades of combined experience and 4,739+ documented firm-wide results. Results may vary. In Colonial Heights family law matters. For a consultation, call (888) 437-7747.

For a full statutory breakdown of desertion divorce under Virginia Code § 20-91, visit our comprehensive analysis on srislawyer.com.

Attorney advertising. Prior results do not guarantee a similar outcome.

Case results depend on a variety of factors unique to each case.