In Manassas, desertion as a fault ground for divorce requires a one-year separation under Va. Code § 20-91. Law Offices Of SRIS, P.C. has firm-wide documented results across 4,739+ cases. A Desertion Divorce Lawyer Manassas can explain how this ground affects property division and spousal support.
Last verified: April 2026 | Manassas General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Under Virginia law, desertion is a fault-based ground for divorce. Va. Code § 20-91(6) requires proof that one spouse willfully abandoned the other for a continuous period of one year with the intent to permanently end the marriage. Unlike no-fault divorce based on separation, desertion does not require a signed separation agreement. The spouse who left must have done so without justification and without the other spouse’s consent. The Desertion Divorce Lawyer Manassas team at Law Offices Of SRIS, P.C. understands the evidentiary burden required to prove desertion in court. Founded in 1997 by former prosecutor Mr. Sris, the firm has handled thousands of family law matters across Virginia.
Desertion divorce under Va. Code § 20-91(6) is distinct from no-fault separation. The key difference: desertion requires proof of willful abandonment with intent to abandon, while no-fault requires only a period of living apart. A Desertion Divorce Lawyer Manassas must gather evidence such as witness testimony, financial records showing separate residences, and communications demonstrating intent to abandon. The statute does not require the couple to have a signed separation agreement, unlike no-fault divorce with minor children.
For the official text of Virginia’s divorce statutes, see Va. Code § 20-91 (divorce grounds) and Va. Code § 20-107.3 (equitable distribution). For court procedures, visit the Manassas General District Court website.
Manassas Circuit Court handles all divorce, equitable distribution, and spousal support matters. Manassas Juvenile and Domestic Relations Court handles standalone custody, visitation, child support, and protective orders. Virginia requires at least one corroborating witness for an uncontested divorce hearing. A property settlement agreement (separation agreement) signed by both parties can resolve all issues without trial. Mediation is available but not mandatory in Virginia. Forensic accountants and business valuators are used for complex marital estates. The Circuit Court at 9311 Lee Avenue, Suite 230, Manassas, VA 20110 handles Manassas family law matters.
- Step 1: Gather evidence of the date of separation and the spouse’s intent to abandon. This includes text messages, emails, witness statements, and financial records showing separate addresses.
- Step 2: File a complaint for divorce based on desertion at Manassas Circuit Court. The filing fee is approximately $86.
- Step 3: Serve the complaint on your spouse through sheriff service (approximately $12) or private process server ($50-$100).
- Step 4: Attend the pendente lite hearing (if needed) for temporary support and custody. This is typically set within 21-60 days of filing a motion.
- Step 5: Participate in discovery, including financial disclosures and possibly depositions. Complex cases may require business valuation or retirement asset division.
- Step 6: Final hearing or trial. Uncontested desertion cases can resolve in 2-4 months; contested cases take 9-18 months.
In Manassas, desertion divorce under Va. Code § 20-91 carries no criminal penalty but affects property division, spousal support, and custody determinations.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Desertion (Fault Ground) | Civil — Fault Ground for Divorce | None | None | None | May affect equitable distribution; court may award more marital property to the abandoned spouse; spousal support may be impacted; no impact on child custody (decided on best interests) |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, a former prosecutor. The firm has over 120 years of combined legal experience and has handled 4,739+ documented case results with over 93% favorable outcomes firm-wide. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute. The firm’s tagline is “Advocacy Without Borders.” Our attorneys bring diverse backgrounds: Mr. Sris (former prosecutor, founded 1997), Samantha Rae Powers (VA Bar 2023, FL Bar 2005, J.D./M.A. University of Florida 2005, Ph.D. Communication UCSB 2017, 18+ years experience), and Kristen Fisher (former MD Assistant State’s Attorney, joined 2010).
Mr. Sris (Owner & CEO, Managing Attorney) also handles family law matters. He is a former prosecutor who founded the firm in 1997 and personally amended Va. Code § 20-107.3. He is admitted in VA, MD, DC, NJ, and NY.
SRIS actively practices in Manassas. Firm-wide, SRIS has handled 4,739+ documented case results with over 93% favorable outcomes. These results span family law, criminal defense, traffic, and other practice areas across Virginia, Maryland, New Jersey, New York, and Washington D.C.
Results may vary. Prior results do not guarantee a similar outcome.
Our Fairfax location serves clients at Manassas courts (9311 Lee Avenue). The location is accessible via I-66, Route 28, Route 234 (Sudley Road/Prince William Pkwy), and Route 29. A Desertion Divorce Lawyer Manassas is available near Manassas National Battlefield Park and Historic Downtown Manassas. We serve the Manassas community.
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Q: Can I file for desertion divorce in Manassas if my spouse left less than a year ago?
No. Virginia law requires a continuous one-year period of desertion before you can file for divorce on this ground. The one-year period begins on the date your spouse left with intent to abandon. You may file for no-fault divorce after 6 months (no minor children) or 1 year (with minor children) of separation.
Q: Does desertion affect property division in Manassas?
Yes. Virginia is an equitable distribution state under Va. Code § 20-107.3 (personally amended by Mr. Sris). The court considers fault, including desertion, as one of 11 factors when dividing marital property. The abandoned spouse may receive a larger share of marital assets.
Q: How long does a desertion divorce take in Manassas?
Uncontested desertion divorce: 2-4 months from filing to final decree. Contested desertion divorce: 9-18 months. Complex cases with business valuation or retirement assets: 12-24 months. Pendente lite hearings for temporary support are typically set within 21-60 days of filing a motion.
Q: What evidence do I need to prove desertion in Manassas Circuit Court?
You need evidence showing: (1) your spouse left the marital residence, (2) the departure was without your consent, (3) your spouse intended to permanently abandon the marriage, and (4) the desertion lasted at least one continuous year. Evidence includes text messages, emails, witness testimony, and financial records.
Q: Can I get spousal support if my spouse deserted me in Manassas?
It depends. Spousal support is determined by 13 statutory factors under Va. Code § 20-107.1. Desertion by your spouse is one factor the court considers. The court may award support to the abandoned spouse, but the amount depends on each spouse’s income, earning capacity, and the length of the marriage.
Q: Is mediation required for a desertion divorce in Manassas?
No. Mediation is available but not mandatory in Virginia. However, the court may order mediation if the parties cannot agree on custody, visitation, or property division. Mediation costs $100-$300 per hour per party. A Guardian ad Litem for custody typically costs $500-$2,500+.
For more information, see our Virginia Family Law Lawyer page. Compare with Fairfax County Divorce Lawyer or Prince William County Divorce Lawyer. Related services: Criminal Defense Lawyer Manassas and DUI Lawyer Manassas. Meet our team: Kristen Fisher. Visit our Fairfax Office.
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.