Desertion Divorce Lawyer Prince William County: Under Va. Code § 20-91, desertion for one year is a fault ground for divorce. Law Offices Of SRIS, P.C. has 297 documented case results in Prince William County. Mr. Sris personally amended Va. Code § 20-107.3. Consultation by appointment.
Desertion as a Ground for Divorce in Prince William County
Under Virginia law, desertion is a fault-based ground for divorce. Va. Code § 20-91(A)(6) provides that a divorce may be granted when one spouse willfully deserts the other for a period of one year. The desertion must be willful — meaning the departing spouse left without justification or consent — and continuous for the full statutory period. Unlike no-fault divorce, which requires a separation agreement and waiting period, desertion allows the wronged spouse to file immediately after the one-year period has run. The Prince William County Circuit Court, located at 9311 Lee Avenue, Suite 230, Manassas, VA 20110, has jurisdiction over all divorce matters in the county. Law Offices Of SRIS, P.C., founded in 1997 by former prosecutor Mr. Sris, has handled numerous desertion-based divorce cases in this jurisdiction.
Last verified: April 2026 | Prince William County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Official Legal Resources for Prince William County Divorce
- Va. Code § 20-91 — Divorce Grounds (Official Virginia General Assembly)
- Prince William County General District Court — Official Website
Insider Procedural Edge: Desertion Divorce in Prince William County
In Prince William County Circuit Court, proving desertion requires corroborating evidence. The court expects testimony from a witness other than the spouses. A signed separation agreement does not waive the desertion claim. The one-year period starts when the deserting spouse leaves with intent to abandon. Filing a desertion claim can affect spousal support and property division.
- Document the date your spouse left the marital residence with intent to abandon.
- Gather corroborating witnesses who can testify to the separation and your spouse’s intent.
- File a complaint for divorce on the ground of desertion at Prince William County Circuit Court.
- Serve your spouse with the complaint and summons through the sheriff or private process server.
- Attend the pendente lite hearing for temporary support and custody if needed.
- Proceed to final hearing after the one-year desertion period is established.
In Prince William County, desertion divorce carries no criminal penalty but affects property division, spousal support, and custody determinations under Va. Code § 20-107.3.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Desertion (Fault Ground) | Civil — Fault Ground for Divorce | None | None | None | May affect spousal support, property division, and attorney’s fees |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Desertion Divorce Case
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined legal experience and has documented 4,739+ 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 that governs property division in all Virginia divorces. This amendment directly impacts how desertion-based divorces affect marital property. The firm’s tagline is “Advocacy Without Borders.”
Case Results in Prince William County
Law Offices Of SRIS, P.C. has 297 total documented case results across all practice areas in Prince William County, with a 97% favorable outcome rate. Firm-wide across VA, MD, NJ, NY, and DC, the firm has 4,739+ case results with a 93%+ favorable outcome rate.
Results may vary. Prior results do not guarantee a similar outcome.
Our Prince William County Divorce Law Services
Our Fairfax location is approximately 15 miles from the Prince William County Circuit Court, accessible via I-66 and Route 28. If you are searching for a desertion divorce lawyer near Prince William County, we serve clients throughout the area. We represent clients in Manassas, Woodbridge, Dale City, Dumfries, Gainesville, Haymarket, Lake Ridge, and Occoquan. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Fairfax Location
4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Frequently Asked Questions About Desertion Divorce in Prince William County
How long does a desertion divorce take in Prince William County?
It depends. The one-year desertion period must be complete before filing. After filing, an uncontested desertion divorce takes 2-4 months. A contested desertion divorce can take 9-18 months. Prince William County Circuit Court handles all divorce filings.
Can I get a divorce based on desertion without a separation agreement?
Yes. Desertion is a fault ground that does not require a signed separation agreement. You must prove your spouse willfully deserted you for one continuous year. Corroborating witness testimony is required at the final hearing.
What evidence do I need to prove desertion in Prince William County?
You need corroborating evidence: a witness who can testify to the separation and your spouse’s intent to abandon. Text messages, emails, and financial records showing separate residences also help. The court requires independent corroboration beyond the spouses’ testimony.
Does desertion affect property division in Virginia?
Yes. Under Va. Code § 20-107.3 (personally amended by Mr. Sris), the court considers fault grounds like desertion when dividing marital property. The court may award a larger share of marital assets to the wronged spouse based on the deserting spouse’s conduct.
What is the difference between desertion and abandonment in Virginia divorce?
Desertion requires willful intent to abandon the marriage for one year. Abandonment is a broader term that may include constructive desertion — where one spouse’s conduct forces the other to leave. Both are fault grounds under Va. Code § 20-91.
Can I file for desertion divorce if my spouse left the state?
Yes. Virginia courts have jurisdiction if you have been a Virginia resident for at least six months. The desertion period still applies. Service of process may require publication if your spouse’s location is unknown. Prince William County Circuit Court can proceed with the case.
Related Legal Services
- Virginia Family Law Lawyer
- Fairfax County Divorce Lawyer
- Prince William County Criminal Defense Lawyer
- Prince William County DUI Lawyer
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.