A Desertion Divorce Lawyer Stafford County can help you file under Va. Code § 20-91, which requires one year of willful desertion. Law Offices Of SRIS, P.C. has 119 documented case results in Stafford County. Our Fairfax location serves clients at the Stafford County Circuit Court at 1300 Courthouse Road.
Last verified: April 2026 | Stafford County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Desertion as a ground for divorce in Virginia requires proof that one spouse willfully abandoned the other for a continuous period of one year. A Desertion Divorce Lawyer Stafford County from Law Offices Of SRIS, P.C. can help you gather the necessary evidence, such as proof of separate residences and lack of financial support, to establish this ground. Unlike no-fault divorce, desertion does not require a separation agreement, but the abandoned spouse must prove the desertion was against their will. Mr. Sris, who personally amended Va. Code § 20-107.3 (the equitable distribution statute), leads our family law team in handling these complex fault-based cases.
For more information on Virginia’s divorce laws, visit the Stafford County General District Court website.
- Step 1: Establish the Separation Date. Document the exact date the desertion began. This is critical because Virginia law requires a continuous one-year period of willful desertion before you can file.
- Step 2: Gather Evidence of Willful Abandonment. Collect proof that the deserting spouse left without your consent and has not returned. This includes text messages, emails, witness statements, and financial records showing lack of support.
- Step 3: File a Complaint for Divorce. Your Desertion Divorce Lawyer Stafford County will file a complaint at the Stafford County Circuit Court, located at 1300 Courthouse Road, Stafford, VA 22554. The filing fee is approximately $86.
- Step 4: Serve the Deserting Spouse. The deserting spouse must be formally served with the divorce complaint. This can be done by the sheriff ($12) or a private process server ($50-$100).
- Step 5: Attend the Hearing. If the deserting spouse does not respond, you may proceed with a default judgment. If they contest, a hearing will be scheduled. Your lawyer will present evidence of the one-year desertion and any corroborating witness testimony.
- Step 6: Obtain the Final Decree of Divorce. Once the court is satisfied that desertion has been proven, a final decree of divorce will be entered. This typically takes 2-4 months for an uncontested desertion case.
In Stafford County, desertion divorce under Va. Code § 20-91 carries no criminal penalty but requires proof of one year of willful abandonment. The court may award spousal support and divide marital property under Va. Code § 20-107.3.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Desertion (Ground for Divorce) | Fault-Based Ground | None | None | None | Spousal support may be affected; equitable distribution under Va. Code § 20-107.3 |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. has 119 total documented case results across all practice areas in Stafford County, with a 100% favorable outcome rate. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate across VA, MD, NJ, NY, and DC. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute, which directly impacts desertion divorce cases involving property division. Results may vary.
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.
Our Fairfax location is approximately 25 miles from the Stafford County Circuit Court, accessible via I-95, Route 1, Route 17, and Route 610. We serve clients in Stafford, Aquia Harbour, and Brooke. If you need a Desertion Divorce Lawyer Stafford County near you, contact us for a consultation.
Can I file for desertion divorce in Stafford County if my spouse left the state?
Yes. Virginia law allows you to file for desertion divorce even if your spouse has left the state. The one-year desertion period still applies. Your Desertion Divorce Lawyer Stafford County can help you serve your spouse through alternative methods if they are out of state.
How long does a desertion divorce take in Stafford County?
It depends. An uncontested desertion divorce typically takes 2-4 months from filing to final decree. A contested desertion divorce can take 9-18 months. The one-year desertion period must be completed before you can file.
What evidence do I need for a desertion divorce in Stafford County?
You need proof of the date of separation, evidence that the desertion was willful and against your consent, and a corroborating witness. This can include text messages, emails, financial records, and testimony from a friend or family member.
Is desertion divorce more expensive than no-fault divorce in Stafford County?
It depends. Desertion divorce may require more evidence gathering and witness testimony, which can increase costs. However, if the deserting spouse does not contest, costs may be similar. Filing fees are approximately $86 at Stafford County Circuit Court.
Can I get spousal support in a desertion divorce in Stafford County?
Yes. Spousal support is determined under Va. Code § 20-107.1, which considers 13 factors. Desertion by your spouse may be a factor in your favor. Mr. Sris personally amended Va. Code § 20-107.3, which governs property division in these cases.
What happens if my spouse returns during the one-year desertion period?
The one-year clock resets. If your spouse returns voluntarily and you resume living together, the desertion period starts over. You must have a continuous one-year period of willful desertion to file for desertion divorce.