Desertion Divorce Lawyer New Kent County, VA
You have been living apart from your spouse for more than a year. The separation was not your choice—your spouse simply walked out without explanation or justification, and you have not cohabited since. Now you need to move forward, but you are unsure whether Virginia law provides a path to end the marriage on terms that protect your financial future and your relationship with your children. A desertion divorce is one of the fault‑based grounds recognized in New Kent County, and understanding how it works is the first step toward regaining stability. Mr. Sris and his Of Counsel team represent individuals pursuing divorce on desertion grounds in New Kent County. Contact Law Offices Of SRIS, P.C. at (888) 437‑7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Your Legal Strategy in a Desertion Divorce
Desertion is a fault ground under Va. Code § 20‑91. To obtain a divorce on this ground, you must show that your spouse willfully deserted or abandoned the marriage for a continuous period of at least one year. “Desertion” means the other spouse left the marital home without your consent, without justification, and with the intention of ending the marital relationship. Virginia courts examine the facts carefully—evidence such as the date of separation, communication patterns, and whether any attempts at reconciliation occurred all matter. In a desertion‑based divorce, the court may consider fault when dividing marital property and awarding spousal support. An experienced family law attorney can help you gather the necessary documentation, including witness testimony and written records, to present a clear picture to the New Kent County Circuit Court, which has exclusive jurisdiction over divorce matters.
What to Expect When You File in New Kent County
Divorce cases in New Kent County are heard in the Circuit Court, located at 12001 Courthouse Circle, New Kent, VA 23124. The process begins with filing a Complaint for divorce, which states the desertion ground among other requests. Once your spouse is served, they have a limited time to respond. If they do not contest the desertion claim, the matter may proceed on an uncontested basis, though Virginia still requires at least one corroborating witness to testify about the separation. If they contest the divorce, the court will schedule hearings to resolve disputed issues, including equitable distribution, spousal support, child custody, and child support. New Kent County is part of the Ninth Judicial District, and the court’s calendar influences how quickly hearings are set. Matters involving complex assets, business valuations, or disputes over the validity of the desertion itself extend the timeline. Mr. Sris and his Of Counsel can explain each step as it applies to your specific circumstances.
How Desertion Affects Property, Support, and Custody
Virginia is an equitable distribution state. Under Va. Code § 20‑107.3, the Circuit Court divides marital property fairly but not necessarily equally, considering factors such as the length of the marriage and the circumstances that led to the divorce. When desertion is proven, the court may weigh the other spouse’s misconduct in determining the division of assets and an award of spousal support. However, fault does not automatically bar the deserting spouse from receiving a share of marital property—the court balances all relevant factors. Child custody determinations are governed by the best interests of the child under Va. Code § 20‑124.3. A parent’s abandonment of the family is one of many factors the judge will evaluate, but it does not alone decide custody. Understanding how desertion interacts with these issues is critical to building a realistic settlement or trial strategy. Mr. Sris and his Of Counsel work to present the facts in a way that supports your goals while complying with Virginia’s statutory framework.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, he brings a thorough understanding of courtroom dynamics to every family law matter. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He works alongside a team of experienced Of Counsel attorneys who concentrate in family law litigation. Together they bring over 120 years of combined legal experience. Results may vary. Mr. Sris and his Of Counsel have documented 4,739+ case results across all practice areas since 1997.
Frequently Asked Questions About Desertion Divorce in New Kent County
What is a desertion divorce in Virginia?
A desertion divorce is a fault‑based divorce ground in Virginia requiring proof that one spouse willfully deserted the other for at least one continuous year. The deserted spouse must show the separation was without consent, without justification, and with the intent to end the marital relationship. Unlike no‑fault divorce, a desertion finding can influence property division and spousal support. The New Kent County Circuit Court handles all divorce filings, and the process follows the same procedural steps as other fault divorce cases.
How long must my spouse be gone before I can file for desertion divorce?
Virginia law requires a continuous desertion period of at least one year before you may file for divorce on that ground. The clock starts when your spouse leaves the marital home with the intent to abandon the marriage. The one‑year period must be uninterrupted. If you have minor children and no written separation agreement, the separation must also satisfy the no‑fault requirements under Va. Code § 20‑91(9). Because timing can affect your eligibility, it is important to document the exact date of desertion.
Do I need a lawyer for a desertion divorce in New Kent County?
You are not legally required to hire a lawyer, but an experienced family law attorney can help you navigate the fault‑ground process effectively. Proving desertion involves gathering evidence, preparing witness testimony, and meeting strict procedural rules at the New Kent County Circuit Court. A lawyer can also anticipate how fault might affect property division and support. Mr. Sris and his Of Counsel handle desertion divorce cases and can explain your options during a consultation.
What if my spouse claims they did not desert me?
If the other spouse contests the desertion allegation, the court will hold a hearing to determine whether the statutory requirements are met. The judge will consider evidence such as communications, financial records, and witness statements to decide whether the leaving was willful and unjustified. A contested desertion divorce may require more time and involve additional discovery. Having counsel who can present a clear factual record helps the court reach a fair determination.
Will desertion affect child custody decisions in Virginia?
Desertion is one factor among many that a court may consider when determining the best interests of the child, but it does not automatically decide custody. Under Va. Code § 20‑124.3, the judge examines ten statutory factors including each parent’s relationship with the child and any history of family abuse. Abandonment of the family can be weighed, but the court focuses on the child’s overall welfare. Custody and divorce issues may be heard separately: the divorce itself is in Circuit Court, while standalone custody matters can be filed in the New Kent County Juvenile and Domestic Relations District Court.
How can I start the desertion divorce process?
You start by filing a Complaint for divorce in the New Kent County Circuit Court and serving your spouse. The complaint must identify desertion as the ground and include any requests for equitable distribution, spousal support, and child‑related relief. After service, the case proceeds according to the court’s schedule. For specific guidance on your situation, reach Mr. Sris and his Of Counsel at (888) 437‑7747 to request a consultation.
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Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary. Law Offices Of SRIS, P.C. may be contacted at (888) 437‑7747. The firm’s Richmond Location is at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225. By appointment only.