Lexington Desertion Divorce Lawyer — What Are Your Legal Options?
If your spouse has left without justification, a Desertion Divorce Lawyer Lexington can help. Under Va. Code § 20-91, you may file for divorce after one year of desertion. Law Offices Of SRIS, P.C. has 14 documented case results in Lexington. Consultation by appointment.
What is Desertion as a Ground for Divorce in Virginia?
Under Virginia law, desertion is a fault-based ground for divorce. It requires proof that one spouse willfully and without justification abandoned the marital relationship with the intent to permanently separate. The abandoning spouse must have left for a continuous period of at least one year before the other spouse can file for divorce on these grounds. This is distinct from a no-fault divorce, which requires a separation period of six months or one year depending on the presence of minor children. The specific statute governing this is Va. Code § 20-91 (divorce grounds).
Last verified: April 2026 | Lexington General District Court | Virginia General Assembly
Official Legal Resources for Lexington Divorce
For the most current legal standards, review the official Virginia Code § 20-91 (divorce grounds) on the Virginia General Assembly website. For procedural rules and court information, visit the Lexington General District Court website.
Insider Perspective on Desertion Divorce in Lexington
In Lexington Circuit Court, proving desertion requires clear and convincing evidence of the spouse’s intent to abandon. The court will scrutinize the circumstances of the separation.
- Step 1: Establish the Date of Desertion. Document the exact date your spouse left the marital home without your consent and with the intent to end the marriage.
- Step 2: Gather Evidence of Intent. Collect communications (texts, emails, letters) showing your spouse’s intent to permanently abandon the marriage.
- Step 3: Wait the Statutory Period. Ensure a continuous period of one year has passed since the desertion began.
- Step 4: File a Complaint for Divorce. Your Desertion Divorce Lawyer Lexington will file the complaint at the Lexington Circuit Court, located at 2 South Main Street.
- Step 5: Serve the Spouse. Your spouse must be formally served with the divorce papers, which can be done by the sheriff or a private process server.
- Step 6: Prove the Grounds at Hearing. If the divorce is contested, you may need to present your evidence at a hearing before a judge to prove the desertion occurred.
In Lexington, a fault-based divorce on grounds of desertion does not carry a criminal penalty but affects the division of assets and spousal support.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Desertion (Grounds for Divorce) | Civil Fault Ground | N/A | N/A | N/A | May impact spousal support award and 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 Lexington Divorce?
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to your case. Our firm has 4,739+ documented case results firm-wide across VA, MD, NJ, NY, and DC, with a 93%+ favorable outcome rate. Critically, Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute, demonstrating a deep, influential understanding of Virginia family law. Our team, including Samantha Powers, provides case-specific strategies for clients facing complex issues like desertion.
Lexington Case Results
Law Offices Of SRIS, P.C. has 14 total documented case results across all practice areas in Lexington, with a 100% favorable outcome rate. While specific family law case details are confidential, this track record demonstrates our commitment to achieving strong results for our clients.
Results may vary. Prior results do not guarantee a similar outcome.
Our Richmond Location serves clients at the Lexington courts. Our location is accessible via I-81 and I-64.
We are a Desertion Divorce Lawyer Lexington near the Virginia Military Institute (VMI) and Washington and Lee University.
Serving the community of Lexington.
24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (804)201-9009 — meetings by appointment only.
Frequently Asked Questions About Desertion Divorce in Lexington
What is the difference between desertion and abandonment in a Virginia divorce?
Yes, they are often used interchangeably, but legally, desertion is the willful and unjustified act of leaving the marital home with the intent to end the marriage. Abandonment is a broader term that can also include a failure to provide financial support. For a Desertion Divorce Lawyer Lexington, the key is proving the intent to permanently separate.
How long does a desertion-based divorce take in Lexington?
It depends. You must wait one full year from the date of desertion before filing. After filing, an uncontested case can take 2-4 months, while a contested case can take 9-18 months to reach a final decree in Lexington Circuit Court.
Can I get a divorce if my spouse deserted me but has now returned?
No, not on the grounds of desertion. The one-year period of continuous desertion must be uninterrupted. If your spouse returns, even briefly, the clock resets. You would then need to establish a new period of separation or use a different ground for divorce.
Is desertion considered when dividing property in a Lexington divorce?
Yes. While Virginia is an equitable distribution state, a spouse’s fault, such as desertion, can be considered by the court under Va. Code § 20-107.3 when deciding how to divide marital property and award spousal support. This is a factor our team, led by Samantha Powers, can argue on your behalf.
What evidence do I need to prove my spouse abandoned me?
You need evidence showing your spouse left the marital home without your consent and with the clear intent to end the marriage. This can include text messages, emails, witness testimony, and proof of a separate residence. An abandonment divorce grounds lawyer Lexington can help you compile this evidence.
Can I file for a desertion divorce if my spouse is in the military?
It depends. Military assignments are not typically considered desertion. However, if a service member abandons their family without providing support and with the intent to end the marriage, it may qualify. A spouse abandonment lawyer Lexington can evaluate the specific facts of your case.
Last verified: April 2026. Information is current as of this date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.