Desertion Divorce Lawyer Fauquier County, VA
You have been living apart from your spouse for more than a year. Your spouse left the marital home without your agreement and has not returned. You are now ready to move forward with a divorce. In Virginia, willful desertion or abandonment for one year is a fault ground for ending a marriage under Va. Code § 20-91. If you live in Warrenton, New Baltimore, Bealeton, Marshall, or The Plains, your divorce action will be filed in the Fauquier County Circuit Court. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel team represent spouses who need legal guidance through a desertion-based divorce. We work to protect your interests in property division, support, and custody. Contact (888) 437-7747 to request a consultation.
How a Desertion Divorce Works in Fauquier County
Fauquier County family law matters are heard in two courts. The Circuit Court at 6 Court Street, Warrenton, VA 20186 handles the divorce itself — the dissolution of the marriage, equitable distribution of property, and spousal support. The Juvenile and Domestic Relations District Court handles standalone custody, visitation, child support, and protective orders. In a desertion divorce, the Circuit Court is where the case proceeds. Virginia is an equitable distribution state, meaning marital property is divided fairly but not necessarily 50/50. The court considers factors.
Virginia law requires that one spouse willfully desert or abandon the other for one year before a divorce can be granted on the desertion ground. Va. Code § 20-91.
Source: Va. Code § 20-91 (grounds for divorce). Virginia Code
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
At least one spouse must be a bona fide resident and domiciliary of Virginia for at least six months before filing a divorce suit. Va. Code § 20-97.
Source: Va. Code § 20-97. Virginia Code
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Virginia also requires at least one corroborating witness for an uncontested divorce hearing. A property settlement agreement that resolves all issues between the parties can allow the divorce to proceed uncontested. Mediation is available but not mandatory. For complex marital estates — those involving business valuations, retirement assets, or international property — forensic accountants and business valuators are often engaged. The Fauquier County Circuit Court handles all these aspects.
How Mr. Sris and His Of Counsel Handle Desertion Divorces
When you work with Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel team will first discuss your situation in detail. We review the length of separation, whether the departure was willful and without justification, and whether there are minor children or significant assets involved. From there, we draft and file a Complaint for Divorce in the Fauquier County Circuit Court. If immediate relief is needed — such as temporary spousal support or custody — we may file a pendente lite motion. The court schedules a hearing on its calendar.
Throughout the process, we seek to resolve issues through negotiation and a written separation agreement where possible. This can streamline the divorce and reduce the time and expense of litigation. If settlement is not achievable, we prepare for trial. Mr. Sris, a former prosecutor with extensive courtroom experience, and his Of Counsel team bring a thorough understanding of Virginia family law to every hearing. Our goal is to achieve a fair outcome on property division, support, and parenting arrangements.
About Mr. Sris and His Of Counsel Team
Mr. Sris founded Law Offices Of SRIS, P.C. in 1997. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His experience includes handling divorce cases involving fault grounds, complex property issues, and high-net-worth estates. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and 4,739+ documented firm-wide results to family law matters. Results may vary.
Frequently Asked Questions
What is a desertion divorce in Virginia?
Desertion divorce is a fault-based divorce under Va. Code § 20-91. It requires that one spouse willfully desert or abandon the other without justification for a continuous period of one year or more. The spouse who left must have intended to end the marital relationship and must not have returned during that year. As with other fault grounds, the plaintiff must prove the desertion by a preponderance of the evidence.
How long must a spouse be absent before filing for desertion divorce in Fauquier County?
Virginia law requires a full year of willful desertion or abandonment before a divorce on this ground may be granted. The one‑year period runs from the date of separation without consent and without cause. Once that period has elapsed, you may file a Complaint in the Fauquier County Circuit Court. The timeline for finalizing the divorce then depends on whether the case is contested or uncontested.
Do I need a lawyer for a desertion divorce in Fauquier County?
You are not legally required to hire a lawyer, but a divorce based on fault grounds involves proving complex facts and meeting strict procedural requirements. An experienced attorney can help you present the necessary evidence, comply with court rules, and negotiate a fair settlement. In Fauquier County, the Circuit Court requires a corroborating witness for uncontested hearings; an attorney can guide you through that process.
What should I do if my spouse left over a year ago and I want a divorce?
Start by gathering any documentation that shows the date of separation and the circumstances of the departure — emails, texts, financial records, witness statements. Then contact a family law attorney to evaluate whether the facts meet the desertion ground standard. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel will review your situation and advise you on how to proceed. Reach our Fairfax Location at (888) 437-7747 to schedule a consultation.
How is property divided in a desertion divorce in Virginia?
Virginia is an equitable distribution state, so marital property is divided fairly but not necessarily equally. The court considers the 11 factors, including the circumstances that led to the divorce. Fault grounds like desertion can influence the distribution, though not automatically. Fauquier County Circuit Court handles all property division matters.
Can a desertion divorce affect child custody in Virginia?
Custody is determined by the best interests of the child under Va. Code § 20-124.3, not simply by which spouse was at fault in the divorce. However, if the deserting parent’s conduct speaks to their ability to care for the child, the court may weigh that evidence among the statutory factors. The Juvenile and Domestic Relations District Court handles standalone custody matters; if custody is part of the divorce, the Circuit Court decides alongside the divorce.
Nearby family law resources: Fairfax County family law lawyer · Prince William County family lawyer · Loudoun County family law attorney
Virginia law and courts: Virginia Code Title 20 (Family Law) · Virginia Circuit Courts
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