Desertion divorce in Henrico County, Virginia, is a fault-based ground under Va. Code § 20-91 requiring proof of one year of willful abandonment. Law Offices Of SRIS, P.C. has 21 documented results in Henrico County across all practice areas. Mr. Sris personally amended Va. Code § 20-107.3, the statute governing equitable distribution in every Virginia divorce.
Desertion Divorce Lawyer in Henrico County, Virginia
Under Virginia law, desertion as a ground for divorce is defined under Va. Code § 20-91. Desertion occurs when one spouse willfully and without justification abandons the other for a continuous period of one year. The abandoning spouse must have left the marital home with the intent to permanently end the marriage. The deserted spouse must prove the abandonment was against their will and without consent. Virginia courts require clear and convincing evidence of desertion, including the date of separation, lack of communication, and absence of financial support. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., “Advocacy Without Borders,” brings 120+ years combined legal experience.
Last verified: April 2026 | Henrico County Circuit Court | Virginia General Assembly — official site
For the full text of the desertion divorce statute, see Va. Code § 20-91 (Virginia General Assembly — official site). For equitable distribution rules, see Va. Code § 20-107.3 (Virginia General Assembly — official site).
In Henrico County Circuit Court, judges require strict proof of the one-year desertion period. We have observed that courts scrutinize the exact date of separation and any evidence of reconciliation attempts.
- Document the exact date your spouse left the marital home.
- Gather evidence of no intent to return, such as text messages or emails.
- Collect financial records showing lack of support during the desertion period.
- File a complaint at Henrico County Circuit Court, 4301 East Parham Road.
- Serve your spouse with the complaint and await the final hearing.
- Present your evidence at the hearing to obtain the divorce decree.
In Henrico County, desertion divorce carries no criminal penalties but affects property division, spousal support, and custody outcomes under Virginia’s equitable distribution framework.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Desertion (Fault Ground) | Civil — Family Law | None | None | None | May affect spousal support award; court may award a larger share of marital property to the deserted spouse |
Results may vary.
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience, 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, and a favorable-outcome rate above 93%. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce. The firm has 21 documented case results in Henrico County: 17 dismissed or not guilty, 4 reduced or amended — a favorable outcome in all reported instances.
Law Offices Of SRIS, P.C. has 21 documented results in Henrico County: 17 dismissed or not guilty, 4 reduced or amended — a favorable-outcome rate of 100% in all reported instances. Results may vary. Firm-wide, SRIS has 4,739+ documented results across VA, MD, DC, NY and NJ.
Our location in Richmond is approximately 12 miles from Henrico County Circuit Court, with access via I-64 and I-95. We are a Desertion Divorce Lawyer Henrico County provider near Henrico. Serving the communities of Glen Allen, Short Pump, Innsbrook, Tuckahoe, Highland Springs, and Mechanicsville. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225
Phone: (804) 201-9009 | Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions About Desertion Divorce in Henrico County
How long does a divorce take in Henrico County, Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Henrico County Juvenile & Domestic Relations District Court (custody/support/protective orders) and Henrico County Circuit Court (divorce/equitable distribution), depending on mandatory separation periods and court calendar. Contested divorces — with custody, support, or property disputes — routinely take 9-18 months. Under Va. Code § 20-91, desertion requires a 1-year separation period.
Uncontested desertion divorces in Henrico County typically take 2-6 months; contested cases take 9-18 months.
How much does a divorce cost in Henrico County, Virginia?
The Circuit Court filing fee for a divorce complaint is approximately $86; sheriff service of process: approximately $12; private process server: $50-$100; pendente lite motion: additional court costs; Guardian ad Litem for custody: typically $500-$2,500+; mediation: $100-$300/hour per party. Cases are filed at Henrico County General District Court.
The filing fee for a desertion divorce in Henrico County is approximately $86, plus service and other costs.
Is Virginia a community property state?
No. Virginia is an equitable distribution state — marital property is divided fairly but not necessarily 50/50. The court considers 11 factors under Va. Code § 20-107.3 (personally amended by Mr. Sris). Henrico County Circuit Court (4301 East Parham Road, Henrico, VA 23228) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
No, Virginia is an equitable distribution state, not a community property state.
How is child custody decided in Henrico County, Virginia?
Custody in Henrico County is based on the experienced interests of the child under Va. Code § 20-124.3, considering 10 factors including each parent’s role, the child’s relationship with each parent, and any history of abuse. Henrico County J&DR Court handles standalone custody. Henrico County Circuit Court handles custody within divorce cases.
Child custody in Henrico County is decided based on the experienced interests of the child under Va. Code § 20-124.3.
What are the grounds for divorce in Virginia?
No-fault: 6-month separation (no minor children + signed agreement) or 1-year separation. Fault grounds: adultery (no waiting period), cruelty, desertion (1 year), felony conviction (1+ year imprisonment). Filed at Henrico County Circuit Court. Desertion under Va. Code § 20-91 requires proof of willful abandonment for one year.
Virginia allows no-fault divorce after 6 months or 1 year separation, and fault grounds including desertion, adultery, cruelty, and felony conviction.
How does a Virginia lawyer defend against desertion divorce charges?
Defense strategies for desertion divorce in Virginia may include challenging evidence of willful abandonment, examining procedural compliance, negotiating with the opposing party, and presenting mitigating factors. An experienced attorney evaluates the specific facts under Va. Code § 20-91 (grounds for divorce) to build the strongest possible defense.
A Virginia lawyer defends against desertion divorce by challenging evidence of willful abandonment under Va. Code § 20-91.
What should I do if I am facing desertion divorce charges in Virginia?
If facing desertion divorce charges in Virginia, contact a family law attorney immediately. Do not discuss the case with anyone except your lawyer. Preserve all relevant documents and evidence. The statute of limitations and court deadlines under Virginia law require prompt action.
Contact a family law attorney immediately if facing desertion divorce charges in Virginia.
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Last updated: 2026-04-30. Verified against Va. Code § 20-91 and Henrico County Circuit Court procedures.