In Fairfax County, desertion as a ground for divorce requires a one-year separation under Va. Code § 20-91. Law Offices Of SRIS, P.C. has 1,789 documented case results in Fairfax County. A Desertion Divorce Lawyer Fairfax County can explain how this fault-based ground affects property division and spousal support.
What Is Desertion as a Ground for Divorce in Virginia?
Under Virginia law, desertion is a fault-based ground for divorce. Va. Code § 20-91(6) requires that one spouse willfully and intentionally abandons the other with the intent to permanently end the marital relationship. The abandonment must last for a continuous period of one year before a divorce can be granted on this ground. Unlike no-fault divorce, desertion does not require a separation agreement, but proving the intent to abandon is essential. 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 desertion affects property division.
Last verified: April 2026 | Fairfax County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Official Legal Resources
- Va. Code § 20-91 — Divorce grounds including desertion (official Virginia General Assembly)
- Fairfax County General District Court — Official Court Website
Insider Procedural Edge: Proving Desertion in Fairfax County
Fairfax County Circuit Court requires clear and convincing evidence of intent to abandon. A spouse who leaves without justification and refuses to return meets the standard.
Corroborating witness testimony strengthens the desertion claim significantly. The court examines financial records and communication history closely.
- Document the date your spouse left the marital residence.
- Gather evidence showing intent to permanently end the marriage.
- File a complaint for divorce on desertion grounds at Fairfax County Circuit Court.
- Serve your spouse with the divorce complaint and supporting affidavits.
- Attend the hearing with corroborating witnesses and documentary evidence.
- Obtain the final decree of divorce on desertion grounds.
In Fairfax County, desertion as a divorce ground carries no criminal penalty but affects property division and spousal support outcomes significantly.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Desertion (Divorce Ground) | Fault-Based 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.
Why Choose Law Offices Of SRIS, P.C. for Your Desertion Divorce Case?
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience. The firm has documented firm-wide 4,739+ case results across all practice areas with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute, giving the firm unparalleled insight into how desertion affects property division in Fairfax County. The firm’s tagline, “Advocacy Without Borders,” reflects its commitment to clients across Virginia, Maryland, New Jersey, New York, and Washington D.C.
Case Results in Fairfax County
Law Offices Of SRIS, P.C. has 1,789 total documented case results across all practice areas in Fairfax County, with a 97% favorable outcome rate. These results include dismissals, reductions, and favorable settlements in family law matters. Mr. Sris serves as secondary counsel on complex desertion divorce cases, providing strategic oversight.
Results may vary. Prior results do not guarantee a similar outcome.
Our Fairfax Location Serving Fairfax County
Our Fairfax location is minutes from the Fairfax County Circuit Court at 4110 Chain Bridge Road, accessible via I-66 and the Fairfax County Parkway. We serve clients throughout Fairfax County including Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
Desertion divorce lawyer near Fairfax County — we are here to help.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
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Frequently Asked Questions About Desertion Divorce in Fairfax County
What is the difference between desertion and separation in Virginia?
Yes. Desertion requires one spouse willfully abandoning the other with intent to end the marriage permanently. Separation can be mutual and does not require intent to abandon. Desertion is a fault ground; separation is no-fault.
How long must desertion last before I can file for divorce in Fairfax County?
One year. Va. Code § 20-91(6) requires continuous desertion for at least one year before filing for divorce on this ground in Fairfax County Circuit Court.
Can I get spousal support if my spouse deserted me?
It depends. The court considers 13 factors under Va. Code § 20-107.1. Desertion by your spouse may strengthen your claim for spousal support, but the court evaluates financial need and ability to pay.
Does desertion affect property division in Fairfax County?
Yes. Under Va. Code § 20-107.3 (personally amended by Mr. Sris), the court considers fault in equitable distribution. Desertion by one spouse may result in a less favorable property division for that spouse.
What evidence do I need to prove desertion in court?
You need clear and convincing evidence showing your spouse left with intent to permanently end the marriage. Corroborating witness testimony, financial records, and communication history are essential.
Can I file for desertion if my spouse left due to my actions?
No. If your spouse left because of your cruelty, adultery, or other misconduct, the desertion claim may fail. The court examines whether the departing spouse had reasonable justification.
Related Legal Resources
- Virginia Family Law Lawyer
- Fairfax City Divorce Lawyer
- Falls Church Divorce Lawyer
- Criminal Defense Lawyer Fairfax County
- Personal Injury Lawyer Fairfax County
- Samantha Rae Powers — Family Law Attorney
- Fairfax Office Location
Last verified: April 2026. Information current as of this date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.