Desertion Divorce Lawyer Lexington — What Are Your Fault-Based Grounds?
If your spouse has abandoned you, you may have grounds for a fault-based desertion divorce in Lexington, Virginia. Desertion is a statutory ground under Va. Code § 20-91, requiring proof of a one-year continuous absence without justification. A skilled desertion divorce lawyer Lexington from Law Offices Of SRIS, P.C. can help you handle this complex process. We have documented results in Lexington family law cases.
Last verified: April 2026 | Lexington Circuit Court | Virginia General Assembly
Understanding Desertion as a Ground for Divorce in Virginia
In Virginia, desertion is a fault-based ground for divorce codified under Va. Code § 20-91(6). It is defined as the voluntary separation of one spouse from the other, without justification and without the consent of the other spouse, with the intent to abandon the marriage. The desertion must be continuous for a period of one year before you can file. Proving desertion requires demonstrating both the physical act of leaving and the intent to end the marital relationship. A spouse abandonment lawyer Lexington can gather the necessary evidence, which may include testimony about the departure, lack of communication, and failure to provide support.
Official Legal Resources
For the official statute, see Va. Code § 20-91 (official Virginia General Assembly). All divorce filings for Lexington are handled at the Lexington Circuit Court.
Proving Your Case in Lexington Circuit Court
Successfully arguing a desertion divorce in Lexington requires meeting a specific legal standard. The court needs clear evidence that the leaving was voluntary, unjustified, and intended to be permanent. Simply living apart is not enough if there was mutual agreement or a justified reason for the separation.
- Consult a Lexington Desertion Divorce Attorney: Discuss the specifics of your spouse’s departure to determine if you have a valid desertion claim.
- Gather Documentation: Collect evidence such as dated communications (or lack thereof), witness statements, and records showing the spouse’s establishment of a separate residence.
- File a Complaint for Divorce: Your lawyer will file a complaint in Lexington Circuit Court citing desertion as the ground after the one-year period has passed.
- Serve Your Spouse: The complaint must be legally served on your spouse, which can be challenging if their location is unknown.
- Present Your Case: If contested, you will need to present your evidence of desertion at a court hearing to obtain the final divorce decree.
Why Choose Our Firm for Your Lexington Desertion Divorce
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex family law matters. Mr. Sris personally played a role in amending Virginia’s key equitable distribution statute, Va. Code § 20-107.3, demonstrating deep involvement in the evolution of state family law. Our approach is direct and focused on your specific legal objectives in Lexington.
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
Case Results in Lexington
While every case is unique, our firm has a documented history of achieving favorable outcomes for clients in Lexington. We have secured dismissals, reductions, and favorable settlements across various practice areas.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — Richmond Location
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Our Richmond location serves clients with cases in Lexington courts. We are accessible via I-64 and I-81. If you need a desertion divorce lawyer near Lexington, contact us for a consultation.
Desertion Divorce in Lexington: Frequently Asked Questions
What is considered desertion in a Virginia divorce?
Yes. Desertion is the voluntary, unjustified, and continuous abandonment of one spouse by the other for at least one year, with the intent to end the marital relationship. It is a fault ground under Va. Code § 20-91(6).
How long must desertion last before I can file for divorce in Lexington?
One year. The one-year period of continuous desertion must be complete before you file your complaint for divorce based on this ground in Lexington Circuit Court.
What if I cannot find my spouse to serve divorce papers in a desertion case?
It depends. If your spouse’s whereabouts are unknown after a diligent search, your abandonment divorce grounds lawyer Lexington can file a motion for alternative service (like publication in a newspaper) or request an order of publication from the Lexington Circuit Court judge.
Can desertion affect property division or spousal support in Virginia?
Yes. While Virginia is an equitable distribution state, fault grounds like desertion can be considered by the judge when making decisions about the equitable division of marital property and the award of spousal support under Va. Code §§ 20-107.3 and 20-107.1.
What evidence do I need to prove desertion?
Evidence can include proof your spouse left the marital home, records showing they established a separate residence, lack of communication or support, witness testimony, and any written statements indicating an intent to abandon the marriage. A spouse abandonment lawyer Lexington can help compile this evidence.
Related Pages: For other legal needs in Lexington, see our Lexington criminal defense lawyer and Lexington DUI lawyer pages. For more on Virginia family law, visit our Virginia divorce and family law hub.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.