Desertion Divorce Lawyer in Arlington County — What Are Your Options?
Desertion is a fault-based ground for divorce in Virginia under Va. Code § 20-91(6), requiring proof of a one-year continuous abandonment. If your spouse has left, a Desertion Divorce Lawyer Arlington County from Law Offices Of SRIS, P.C. can help you handle the legal process at Arlington County Circuit Court. Our firm has 115 documented case results in Arlington County. We provide 24/7 phone consultations.
Last verified: April 2026 | Arlington County General District Court | Virginia General Assembly
Virginia Desertion Divorce Law
In Virginia, desertion is a statutory fault ground for divorce. The law requires the deserting spouse to have left the marital home and lived separately for a continuous period of one year with the intent to abandon the marriage. The burden of proof is on the spouse filing for divorce to demonstrate this abandonment. This is distinct from a no-fault separation, which requires a waiting period but does not assign fault. A spouse abandonment lawyer Arlington County can help you gather the necessary evidence, which may include witness testimony, documentation of separate residences, and proof of a lack of support or communication.
Official Legal Resources
For the full text of Virginia’s divorce statutes, see Title 20, Chapter 6 of the Virginia Code. All desertion divorce cases in Arlington County are filed at the Arlington County Circuit Court.
Procedural Edge in Arlington County
Arlington County Circuit Court handles all divorce, equitable distribution, and spousal support matters. Proving desertion requires clear evidence of the one-year separation and intent to abandon. The court will scrutinize the circumstances, including whether there was justification for leaving (like cruelty). A Desertion Divorce Lawyer Arlington County can strategically present your case, whether you are the party who was left or are defending against a desertion claim.
- Consult with a desertion divorce lawyer to evaluate your evidence and legal position.
- File a Complaint for Divorce on the grounds of desertion with the Arlington County Circuit Court clerk.
- Ensure proper service of process on your spouse, who has 21 days to file an Answer.
- Proceed through discovery, where evidence of the desertion (affidavits, lease agreements, etc.) is formally exchanged.
- Attend any necessary hearings or mediation sessions ordered by the court.
- Present your case at a final divorce hearing, where a judge will rule on the desertion ground and related issues.
Potential Outcomes and Considerations
In Arlington County, proving desertion can impact spousal support and equitable distribution, as fault may be considered by the court under Virginia law.
| Aspect | Consideration in Desertion Cases |
|---|---|
| Spousal Support | The court may consider desertion as a factor when awarding or denying support. |
| Property Division | Virginia is an equitable distribution state; fault generally does not affect division but can in extreme cases. |
| Legal Costs | Contested fault divorces often involve higher costs due to the need for evidence and testimony. |
| Timeline | A contested desertion divorce can take 9-18 months or longer in Arlington County Circuit Court. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Case
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris, who personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3. Our attorneys bring over 120 years of combined legal experience to complex family law matters like desertion divorce. We understand the nuanced evidence required to prove or defend against abandonment divorce grounds lawyer Arlington County cases.
Samantha Rae Powers, Associate Attorney at Law Offices Of SRIS, P.C. — Licensed in VA, FL. Experienced family law and civil litigator. View Samantha Rae Powers’s Profile
Documented Case Results
Our firm has 115 total documented case results across all practice areas in Arlington County. In family law, our strategic approach has led to favorable settlements and trial outcomes for our clients. Firm founder Mr. Sris provides oversight on complex matters, leveraging his deep knowledge of Virginia family law statutes.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Arlington Desertion Divorce Lawyers
Our Arlington location serves clients at the Arlington County courts. We represent clients in Arlington, Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington. For a desertion divorce lawyer near Arlington County, contact us for a consultation by appointment.
Law Offices Of SRIS, P.C.
1655 Fort Myer Dr, Suite 700, Room No. 719
Arlington, VA 22209
Toll-Free: (888) 437-7747 | Local: 703-589-9250
By appointment only. 24/7 phone consultations.
Desertion Divorce in Arlington County: FAQs
What is considered desertion in a Virginia divorce?
Yes. Desertion is the voluntary abandonment of the marital home for at least one year with the intent to end the marriage, as defined in Va. Code § 20-91(6). It is a fault ground, meaning one spouse blames the other for the marriage’s end.
How long do I have to prove my spouse deserted me?
You must prove the desertion lasted for one continuous year before filing. The clock starts when your spouse leaves with no intent to return. Any voluntary reconciliation during that year can reset the time period, requiring a new one-year wait.
Can I get a divorce for desertion if my spouse left because of my behavior?
It depends. If you can prove your spouse had justification for leaving, such as cruelty or reasonable apprehension of bodily harm, their departure may not legally constitute desertion. A lawyer can analyze the specific facts of your situation.
What is the difference between desertion and no-fault separation?
The key difference is fault. Desertion assigns blame for the marriage ending. A no-fault divorce based on separation requires living apart for a set time (6 months or 1 year) but does not require proving who was at fault for the separation.
Does proving desertion give me a better outcome in court?
It can influence certain decisions. While Virginia divides property equitably regardless of fault, a judge may consider desertion when deciding on spousal support awards, potentially favoring the spouse who was abandoned.
For more information, see our Virginia Family Law hub page, or learn about divorce in Alexandria. We also assist with criminal defense in Arlington County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.