In Henrico County, desertion for one year is a fault ground for divorce under Va. Code § 20-91. Law Offices Of SRIS, P.C. has 21 documented case results in Henrico County. A Desertion Divorce Lawyer Henrico County can help you prove abandonment and secure a fair outcome. Consultation by appointment.
Desertion as a Ground for Divorce in Henrico County
Under Va. Code § 20-91, desertion is a fault-based ground for divorce in Virginia. To obtain a divorce on desertion grounds, you must prove that your spouse willfully abandoned the marital relationship for a continuous period of at least one year. This differs from no-fault divorce, which requires a 6-month or 1-year separation depending on whether minor children are involved. The Henrico County General District Court handles initial family matters, but divorce cases are filed in Henrico County Circuit Court. Mr. Sris, founder of the firm in 1997 and a former prosecutor, personally amended Va. Code § 20-107.3, the equitable distribution statute, giving the firm unique authority in complex divorce cases involving desertion.
Last verified: April 2026 | Henrico County General District Court | Virginia General Assembly
Official Resources for Henrico County Desertion Divorce
Insider Procedural Edge: Proving Desertion in Henrico County
Henrico County Circuit Court requires clear and convincing evidence of willful desertion. A Desertion Divorce Lawyer Henrico County must show the spouse left without consent and with intent to abandon permanently.
Courts examine whether the departing spouse had justification, such as cruelty or constructive desertion. The burden of proof falls on the party alleging desertion.
- Step 1: Gather evidence of the date your spouse left the marital home.
- Step 2: Document any communication showing intent to abandon the marriage.
- Step 3: File a complaint for divorce on desertion grounds at Henrico County Circuit Court.
- Step 4: Serve your spouse with process through the sheriff or private process server.
- Step 5: Attend the pendente lite hearing for temporary support and custody if needed.
- Step 6: Prove the one-year desertion period at the final divorce hearing.
In Henrico County, desertion divorce carries no criminal penalty but affects property division, spousal support, and custody under Va. Code § 20-107.3.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Desertion (Fault Divorce) | Civil — Fault Ground | None | None | None | May affect equitable distribution and spousal support 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 Henrico County Desertion Divorce
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 achieved 4,739+ documented case results firm-wide across Virginia, Maryland, New Jersey, New York, and Washington D.C. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute, a credential unmatched by any other family law firm in Virginia. The firm’s tagline is “Advocacy Without Borders.”
Henrico County Case Results
Law Offices Of SRIS, P.C. has 21 total documented case results across all practice areas in Henrico County, with a 100% favorable outcome rate. Firm-wide, the firm has 4,739+ 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.
Henrico County Desertion Divorce Lawyer Near You
Our Richmond location serves clients at Henrico County courts (4301 East Parham Road), accessible via I-64, I-95, I-295, Route 250 (Broad Street), Route 1, and Route 33. We serve Glen Allen, Short Pump, Innsbrook, Tuckahoe, Highland Springs, and Mechanicsville (partial).
Desertion divorce lawyer near Henrico County — call 24/7 for a consultation.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Frequently Asked Questions About Desertion Divorce in Henrico County
How long does a desertion divorce take in Henrico County?
It depends. You must prove your spouse deserted you for at least one continuous year before filing. After filing, an uncontested desertion divorce may take 2-4 months; contested cases take 9-18 months in Henrico County Circuit Court.
What is the difference between desertion and separation in Virginia?
Desertion is a fault ground requiring proof your spouse willfully abandoned you without consent. Separation is no-fault: 6 months without minor children or 1 year with minor children. A Desertion Divorce Lawyer Henrico County can explain which applies to your case.
Can I get spousal support if my spouse deserted me in Henrico County?
Yes. Under Va. Code § 20-107.1, the court considers 13 factors for spousal support. Desertion by your spouse may weigh in your favor. Mr. Sris personally amended the equitable distribution statute (§ 20-107.3), which governs property division alongside support.
How much does a desertion divorce cost in Henrico County?
The Circuit Court filing fee for a divorce complaint is approximately $86. Sheriff service of process costs about $12; private process server $50-$100. Additional costs include Guardian ad Litem ($500-$2,500+) and mediation ($100-$300/hour per party).
Is Virginia a community property state for desertion divorce?
No. Virginia is an equitable distribution state. Marital property is divided fairly, not necessarily 50/50. The court considers 11 factors under Va. Code § 20-107.3, which Mr. Sris personally amended. Desertion by one spouse may affect the division.
What if my spouse left due to domestic violence — is that desertion?
No. If your spouse left because of domestic violence, it may be constructive desertion, meaning the abusive spouse is considered the deserting party. A Desertion Divorce Lawyer Henrico County can help you build this argument in Henrico County Circuit Court.
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.