Desertion Divorce Lawyer Arlington County — What Are Your Fault Grounds?
Desertion is a fault-based ground for divorce in Virginia under Va. Code § 20-91(6), requiring proof your spouse willfully deserted you for one year or more. A desertion divorce lawyer Arlington County from Law Offices Of SRIS, P.C. can help you prove this ground in 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
In Virginia, desertion is a statutory fault ground for divorce. To succeed, you must prove your spouse willfully deserted or abandoned you and that the desertion has continued for at least one year before you file your divorce complaint. This is distinct from a no-fault separation. Proving desertion requires specific evidence of intent and duration, which an experienced desertion divorce lawyer Arlington County can help you gather and present.
The relevant statute is Va. Code § 20-91(6) (official Virginia General Assembly). All divorce cases in Arlington County are filed with the Arlington County Circuit Court.
- Consult with a desertion divorce lawyer to review your situation and the one-year timeline.
- Gather evidence of the desertion, such as communication records, witness statements, and proof of separate residences.
- Your attorney will draft and file a Complaint for Divorce citing desertion grounds with the Arlington County Circuit Court.
- Serve the complaint on your spouse and proceed through discovery to substantiate the fault claim.
- Prepare for potential settlement negotiations or a court hearing to prove the grounds.
In Arlington County, a desertion divorce is a fault-based proceeding that can affect support and property division, requiring proof of a one-year willful abandonment.
| Grounds | Legal Standard | Time Requirement | Potential Impact |
|---|---|---|---|
| Desertion | Willful abandonment without cause | 1 year minimum | May influence spousal support & asset division |
| Constructive Desertion | Conduct forces other spouse to leave | 1 year minimum | Similar fault-based implications |
Results may vary. Prior results do not guarantee a similar outcome.
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined attorney experience to family law cases. Our “Advocacy Without Borders” approach means we handle the full scope of fault and no-fault divorces. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving our firm deep, practical knowledge of how fault grounds like desertion are treated in Virginia courts.
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
Our firm has a documented record in Arlington County, with 115 total case results across all practice areas. Results may vary. In family law, a strategic approach to proving fault grounds like spouse abandonment can be critical. Secondary attorney Mr. Sris, the firm’s founder and a former prosecutor, provides additional depth with his multi-state experience and unique background in accounting, which aids in complex financial discovery often relevant in divorce cases.
Law Offices Of SRIS, P.C. — Arlington
1655 Fort Myer Dr Suite 700, Arlington, VA 22209, United States
Toll-Free: (888) 437-7747 | Local: 703-589-9250
By appointment only. 24/7 phone consultations.
Our Arlington location serves clients at the Arlington County courts. We represent individuals in Arlington, Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington. If you need a spouse abandonment lawyer Arlington County near you, contact us for a consultation.
Desertion Divorce in Arlington County: FAQs
What is considered desertion for divorce in Virginia?
Yes. Desertion is the willful abandonment of one spouse by the other for at least one year without justification or consent. It must be a voluntary act with the intent to end the marital cohabitation.
How long do you have to be separated for a no-fault divorce in Virginia?
It depends. For a no-fault divorce with no minor children and a signed separation agreement, you need a 6-month separation. If there are minor children, a one-year separation is required, regardless of an agreement.
Can I get a divorce if my spouse left me?
Yes. If your spouse willfully left and the abandonment has lasted one year, you can file for a fault-based divorce on grounds of desertion. An abandonment divorce grounds lawyer Arlington County can advise if your situation meets the legal standard.
Does proving desertion affect property division?
It can. While Virginia divides marital property equitably (fairly), not equally, proving a fault ground like desertion can be a factor the court considers when deciding on spousal support and the overall equitable distribution of assets.
What evidence is needed for a desertion divorce?
Evidence can include proof of separate residences (leases, utility bills), lack of communication, witness testimony about the abandonment, and any written statements or admissions from your spouse indicating their intent to desert the marriage.
For more information, see our Virginia Family Law hub page. We also assist with criminal defense in Arlington County and family law in Alexandria.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.