In Shenandoah County, desertion as a fault ground for divorce requires a one-year separation under Va. Code § 20-91. Law Offices Of SRIS, P.C. has 61 documented case results in Shenandoah County. A Desertion Divorce Lawyer Shenandoah County can help you prove abandonment and secure a fair outcome.
Last verified: April 2026 | Shenandoah County Circuit Court | Va. Code § 20-91 (official Virginia General Assembly)
Statutory Definition of Desertion Divorce in Virginia
Under Virginia law, desertion as a ground for divorce is defined as the willful and intentional abandonment of one spouse by the other without consent and without justification. Va. Code § 20-91(6) requires that the desertion continue for a period of one year before a divorce can be granted on this fault ground. The abandoning spouse must have left the marital home with the intent to permanently end the marital relationship. Unlike no-fault divorce, which requires a separation period of six months (with a signed agreement and no minor children) or one year (with minor children), a desertion divorce does not require a separation agreement. However, the deserted spouse must prove the abandonment occurred and lasted the full statutory period. The Shenandoah County Circuit Court has jurisdiction over all divorce matters, including those based on desertion. Mr. Sris, founder of Law Offices Of SRIS, P.C., personally amended Va. Code § 20-107.3, the equitable distribution statute, which governs property division in all Virginia divorces.
External Citation Links
Review the official Virginia statutes governing divorce and desertion: Va. Code § 20-91 (divorce grounds — official Virginia General Assembly). For court procedures and filing requirements, visit the Shenandoah County General District Court website.
- Document the Abandonment: Record the date your spouse left the marital home and gather any evidence of their intent to permanently end the marriage, such as text messages, emails, or witness statements.
- File a Complaint for Divorce: Your attorney will file a complaint for divorce based on desertion at the Shenandoah County Circuit Court, located at 112 S Main St, Woodstock, VA 22664.
- Serve Your Spouse: The court requires proper service of process on your spouse. This can be done through the sheriff’s office (approximately $12) or a private process server ($50-$100).
- Attend the Pendente Lite Hearing: If you need temporary spousal support or custody orders, your attorney will request a pendente lite hearing, typically set within 21-60 days of filing your motion.
- Proceed to Final Hearing: After the one-year desertion period is established, the court will schedule a final hearing. You will need at least one corroborating witness to testify about the desertion.
- Obtain Final Decree of Divorce: Once the court is satisfied that desertion has been proven, a final decree of divorce will be entered, resolving property division, spousal support, and any custody issues.
In Shenandoah County, desertion divorce under Va. Code § 20-91 carries no criminal penalty but affects property division and spousal support under Va. Code § 20-107.3.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Desertion (Fault Ground for Divorce) | Civil — Fault Ground | None | None | None | Affects equitable distribution; may impact spousal support award |
Results may vary. Prior results do not guarantee a similar outcome.
Case Results in Shenandoah County
Law Offices Of SRIS, P.C. has 61 total documented case results across all practice areas in Shenandoah County, with a 100% favorable outcome rate. These results include dismissals, reductions, and favorable settlements in family law matters. Mr. Sris, who personally amended Va. Code § 20-107.3, leads the family law team alongside Samantha Powers.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — Shenandoah/Woodstock
505 N Main St, Suite 103, Woodstock, VA 22664
Toll-Free: (888) 437-7747
By appointment only. 24/7 phone consultations.
Our Shenandoah/Woodstock location is accessible via I-81, Route 11, Route 263, and Route 42. We serve clients throughout Shenandoah County, including Woodstock, Edinburg, Strasburg, Mount Jackson, Toms Brook, and New Market. If you need a Desertion Divorce Lawyer Shenandoah County, we are here to help.
Frequently Asked Questions About Desertion Divorce in Shenandoah County
What is the difference between desertion and separation for divorce in Virginia?
Yes. Desertion is a fault ground requiring proof that one spouse willfully abandoned the other with intent to permanently end the marriage. Separation is a no-fault ground requiring a period of living apart — 6 months with a signed agreement and no minor children, or 1 year with minor children.
How long does a desertion divorce take in Shenandoah County?
It depends. The desertion must last at least one year before you can file. After filing, an uncontested desertion divorce typically takes 2-4 months from filing to final decree. A contested desertion divorce can take 9-18 months or longer.
Can I get spousal support in a desertion divorce in Shenandoah County?
Yes. Spousal support is determined under Va. Code § 20-107.1 based on 13 statutory factors. The fact that your spouse deserted you may be considered by the court in determining the amount and duration of support.
How is property divided in a desertion divorce in Shenandoah County?
Virginia is an equitable distribution state under Va. Code § 20-107.3, which Mr. Sris personally amended. Property is divided fairly but not necessarily 50/50. The court considers 11 factors, including the circumstances that led to the divorce, such as desertion.
Do I need a lawyer for a desertion divorce in Shenandoah County?
Yes. Proving desertion requires specific evidence and legal arguments. An experienced Desertion Divorce Lawyer Shenandoah County can help you gather the necessary proof, file the correct paperwork, and present your case effectively in court.
What if my spouse denies desertion in Shenandoah County?
It depends. If your spouse contests the desertion claim, the court will hold a hearing to determine whether the abandonment was willful and without justification. Your attorney will present evidence, including witness testimony and documentation, to prove the desertion occurred.
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Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.