In Colonial Heights, desertion is a fault-based divorce ground under Va. Code § 20-91 requiring one year of willful abandonment. Law Offices Of SRIS, P.C. has 4 documented case results in Colonial Heights courts. A Desertion Divorce Lawyer Colonial Heights can help you prove abandonment and secure a fair outcome.
Last verified: April 2026 | Colonial Heights General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Under Virginia law, desertion as a divorce ground requires proof that one spouse willfully abandoned the other for at least one year without justification. The abandonment must be both voluntary and without consent. A Desertion Divorce Lawyer Colonial Heights must present corroborating evidence — such as witness testimony or documented separation — to satisfy the court. Mr. Sris, founder of Law Offices Of SRIS, P.C. since 1997, personally amended Va. Code § 20-107.3, the equitable distribution statute, giving the firm unique insight into how property division intersects with fault-based divorce claims.
Desertion divorce specifically falls under Va. Code § 20-91(6)(a), which defines willful desertion as the voluntary separation of one spouse from the other with the intent to permanently end the marital relationship. Unlike no-fault divorce, desertion requires proving the abandoning spouse’s intent. An abandonment divorce grounds lawyer Colonial Heights must gather evidence of the desertion date, lack of consent, and the one-year waiting period.
Review the official statute: Va. Code § 20-91 (divorce grounds — official Virginia General Assembly). For court procedures, visit the Colonial Heights General District Court website.
Colonial Heights Circuit Court requires a corroborating witness for any fault-based divorce hearing. The court at 550 Boulevard, Colonial Heights, VA 23834 expects specific evidence of the desertion date and the abandoned spouse’s lack of consent.
- Document the exact date your spouse left the marital home.
- Gather evidence showing the abandonment was willful and without your consent.
- Wait the required one-year period from the date of desertion.
- File a complaint for divorce at Colonial Heights Circuit Court.
- Present corroborating evidence at the uncontested or contested hearing.
- Obtain a final decree of divorce with property division and support orders.
In Colonial Heights, desertion divorce carries no criminal penalty but affects property division and spousal support under Va. Code § 20-107.3.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Desertion (fault-based divorce) | Civil — Family Law | None | Circuit Court filing fee: ~$86 | None | Equitable distribution; spousal support; custody considerations |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C., founded in 1997 by former prosecutor Mr. Sris, brings over 120 years of combined legal experience. The firm has achieved 4,739+ documented case results with a 93%+ favorable outcome rate firm-wide. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute, giving the firm unmatched authority in Virginia family law. The firm’s tagline — “Advocacy Without Borders” — reflects its commitment to clients across VA, MD, DC, NJ, and NY.
Mr. Sris, firm founder and former prosecutor, provides secondary oversight on complex family law cases. His personal amendment of Va. Code § 20-107.3 gives the firm a distinct advantage in property division matters tied to desertion claims.
In Colonial Heights, Law Offices Of SRIS, P.C. has 4 total documented case results across all practice areas with a 100% favorable outcome rate. Firm-wide, the firm has 4,739+ documented case results with a 93%+ favorable outcome rate across VA, MD, NJ, NY, and DC.
Results may vary. Prior results do not guarantee a similar outcome.
Our Richmond Location — 7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Our Richmond location is accessible via I-95 and I-295, serving clients at Colonial Heights courts (550 Boulevard). We serve the Colonial Heights community. A Desertion Divorce Lawyer Colonial Heights is available near Southpark Mall and the Colonial Heights Courthouse.
How long does a divorce take in Colonial Heights, Virginia?
It depends. Uncontested divorce with signed separation agreement: 2-4 months from filing to final decree. Contested divorce: 9-18 months. Complex equitable distribution: 12-24 months. Virginia requires a 6-month separation (no minor children with signed agreement) or 1-year separation (with minor children) before filing no-fault.
How much does a divorce cost in Colonial Heights, Virginia?
Circuit Court filing fee for divorce complaint: approximately $86. Sheriff service of process: approximately $12. Private process server: $50-$100. 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). Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in Colonial Heights, Virginia?
Custody 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. Colonial Heights J&DR Court handles standalone custody matters.
What are the grounds for divorce in Virginia?
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). Filed at Colonial Heights Circuit Court.
What is desertion divorce in Virginia?
Yes. Desertion is a fault-based ground under Va. Code § 20-91 requiring proof that one spouse willfully abandoned the other for at least one year without justification. The abandoned spouse must provide corroborating evidence to the court.
Can I get a divorce if my spouse abandoned me in Colonial Heights?
Yes. If your spouse willfully deserted you for at least one year, you can file for divorce on fault grounds of desertion. You must prove the abandonment was voluntary and without your consent. A spouse abandonment lawyer Colonial Heights can help gather the necessary evidence.
How does desertion affect property division in Virginia?
It depends. While Virginia is an equitable distribution state, fault grounds like desertion can influence the court’s division of marital property under Va. Code § 20-107.3. The court considers the circumstances of the divorce, including fault, when determining a fair distribution.
For more information, visit our Virginia Family Law Lawyer hub page. See also our Henrico County Family Law Lawyer and Chesterfield County Family Law Lawyer pages. For related services in Colonial Heights, see our Criminal Defense Lawyer Colonial Heights 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.