In Arlington County, Virginia, divorce is governed by equitable distribution under Va. Code § 20-107.3, personally amended by Mr. Sris. Law Offices Of SRIS, P.C. has 115 documented case results in Arlington County. A Desertion Divorce Lawyer Arlington County can help you pursue fault-based grounds for divorce.
Understanding Desertion as a Ground for Divorce in Arlington County
Under Virginia law, desertion is a fault-based ground for divorce. Va. Code § 20-91(A)(6) provides that a divorce may be granted on the ground of willful desertion or abandonment, which requires proof that one spouse left the marital home with the intent to permanently end the marriage, without the consent of the other spouse, and that the desertion continued for a period of one year. An abandonment divorce grounds lawyer Arlington County can help you establish the necessary elements of desertion to proceed with your divorce case.
Last verified: April 2026 | Arlington County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Official Legal Resources for Arlington County Divorce
For the complete text of Virginia’s divorce statutes, visit the Virginia General Assembly website for Va. Code § 20-91. For court procedures and local rules, consult the Arlington County General District Court website.
Insider Procedural Edge: Proving Desertion in Arlington County Circuit Court
Arlington County Circuit Court handles all divorce cases, including those based on desertion. Proving desertion requires showing both physical separation and the intent to abandon. A spouse abandonment lawyer Arlington County can gather evidence such as text messages, emails, and witness testimony to demonstrate the abandoning spouse’s intent.
- File a complaint for divorce at Arlington County Circuit Court, located at 1425 N. Courthouse Rd, Suite 2400, Arlington, VA 22201.
- Serve the complaint on your spouse through the sheriff’s office or a private process server.
- Gather evidence of desertion, including proof of separate residences, financial records, and communications showing intent to abandon.
- Attend a pendente lite hearing if temporary support or custody orders are needed.
- Participate in mediation if ordered by the court, though mediation is not mandatory in Virginia.
- Present your case at trial or final hearing, where a corroborating witness may be required for an uncontested divorce.
In Arlington County, Virginia, divorce based on desertion carries no criminal penalty but affects property division, spousal support, and custody determinations under equitable distribution principles.
| Ground | Classification | Separation Period | Impact on Property Division | Impact on Spousal Support | Additional Considerations |
|---|---|---|---|---|---|
| Desertion (Fault) | Fault-based divorce ground | 1 year continuous desertion | Court may consider fault in equitable distribution under Va. Code § 20-107.3 | Fault may be considered in spousal support determination | Requires clear and convincing evidence of intent to abandon |
| No-Fault (Separation) | No-fault divorce ground | 6 months (no minor children) or 1 year (with minor children) | Fault not considered | Fault not considered | Requires signed separation agreement for 6-month option |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Arlington County Divorce
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute, demonstrating deep knowledge of family law at the legislative level. The firm has documented 4,739+ case results across all practice areas with a 93%+ favorable outcome rate. Our Arlington County location at 1655 Fort Myer Dr, Suite 700, Room No. 719, Arlington, VA 22209 serves clients throughout the region.
Case Results in Arlington County
Law Offices Of SRIS, P.C. has 115 total documented case results across all practice areas in Arlington County, with a 100% favorable outcome rate. These results include dismissals, nolle prosequi dispositions, and deferred dispositions on not guilty pleas. Our firm-wide results across VA, MD, NJ, NY, and DC total 4,739+ cases with a 93%+ favorable outcome rate.
Results may vary. Prior results do not guarantee a similar outcome.
Our Arlington County Location
Our Arlington location is located near the Arlington County Courthouse, accessible via major highways. A Desertion Divorce Lawyer Arlington County is available near Arlington, Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Arlington
1655 Fort Myer Dr, Suite 700, Room No. 719, Arlington, VA 22209
Toll-Free: (888) 437-7747 | Local: 703-589-9250
By appointment only.
Frequently Asked Questions About Desertion Divorce in Arlington County
How long does a divorce take in Arlington County, Virginia?
Yes. Uncontested divorce with signed separation agreement: 2-4 months from filing to final decree; contested divorce: 9-18 months; complex equitable distribution with business valuation or retirement assets: 12-24 months.
How much does a divorce cost in Arlington County, Virginia?
It depends. Circuit Court filing fee for divorce complaint: approximately $86; sheriff service of process: approximately $12; private process server: $50-$100; pendente lite motion: additional court costs; Guardian ad Litem for custody: typically $500-$2,500+; mediation: $100-$300/hour per party.
Is Virginia a community property state?
No. Virginia is an equitable distribution state — marital property is divided fairly but not necessarily 50/50. The court considers 11 factors under Va. Code § 20-107.3 (personally amended by Mr. Sris).
How is child custody decided in Arlington County, Virginia?
It depends. Custody in Arlington County is based on the best interests of the child under Va. Code § 20-124.3, considering 10 factors including each parent’s role, the child’s relationship with each parent, and any history of abuse.
What are the grounds for divorce in Virginia?
It depends. No-fault: 6-month separation (no minor children + signed agreement) or 1-year separation. Fault grounds: adultery (no waiting period), cruelty, desertion (1 year), felony conviction (1+ year imprisonment).
Last verified: April 2026. Information updated as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.