Desertion divorce in Chesterfield County, Virginia requires proof of one year of willful desertion under Va. Code § 20-91(6). Law Offices Of SRIS, P.C. has 15 documented case results in Chesterfield County, including favorable outcomes in all reported instances. The Chesterfield County Circuit Court at 9500 Courthouse Road handles all divorce and equitable distribution matters.
Desertion Divorce Lawyer in Chesterfield County, Virginia
Desertion divorce is a fault-based ground for divorce under Va. Code § 20-91(6). To obtain a divorce on desertion grounds, you must prove that your spouse willfully deserted you for a continuous period of at least one year. Willful desertion means your spouse left the marital home without your consent and without justification, with the intent to permanently end the marital relationship. The Chesterfield County Circuit Court has jurisdiction over all desertion divorce cases. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., Advocacy Without Borders, brings 120+ years combined legal experience. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce.
Last verified: April 2026 | Chesterfield 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 factors, see Va. Code § 20-107.3 (Virginia General Assembly — official site).
In Chesterfield County Circuit Court, judges require corroborating witnesses for uncontested desertion divorces. We have observed that the court strictly enforces the one-year separation period from the date of desertion.
- Document the exact date your spouse left the marital home.
- Gather evidence showing the desertion was willful and without your consent.
- Collect financial records to support spousal support or equitable distribution claims.
- File a complaint at Chesterfield County Circuit Court, 9500 Courthouse Road.
- Serve your spouse with the divorce complaint.
- Attend the hearing with a corroborating witness.
In Chesterfield County, desertion divorce carries no criminal penalties but affects property division, spousal support, and custody outcomes under Va. Code § 20-91(6).
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Desertion (1+ year) | Fault ground for divorce | None | None | None | May affect spousal support, equitable distribution, and custody |
Results may vary.
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., Advocacy Without Borders, 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 15 documented case results in Chesterfield County across all practice areas, with favorable outcomes in all reported instances.
Law Offices Of SRIS, P.C. has 15 documented case results in Chesterfield County: 8 dismissed or not guilty, 7 reduced or amended — a favorable outcome in all reported instances. Results may vary. Firm-wide, the firm has 4,739+ documented results across VA, MD, DC, NY and NJ with a 93%+ favorable-outcome rate.
Our location in Richmond is approximately 15 miles from Chesterfield County Circuit Court, with access via I-95, I-295, Route 1, and Route 360 (Hull Street). Serving the communities of Midlothian, Chester, Colonial Heights area, Bon Air, Brandermill, and Moseley. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Richmond Location: 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225 | (804) 201-9009 | By appointment only.
Frequently Asked Questions About Desertion Divorce in Chesterfield County
How long does a divorce take in Chesterfield County, Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Chesterfield County Juvenile & Domestic Relations District Court (custody/support/protective orders) and Chesterfield 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. Uncontested divorce with signed separation agreement: 2-4 months from filing to final decree; contested divorce: 9-18 months; complex equitable distribution with business valuation or retirement assets: 12-24 months. Law Offices Of SRIS, P.C. handles complex and high-net-worth matters — consultation by appointment at (888) 437-7747.
Uncontested divorces take 2-6 months; contested divorces take 9-18 months in Chesterfield County.
How much does a divorce cost in Chesterfield County, Virginia?
Circuit Court filing fee for divorce complaint: 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 filed at Chesterfield County General District Court.
Filing fee is approximately $86; total costs vary based on complexity.
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). Chesterfield County Circuit Court (9500 Courthouse Road, Chesterfield, VA 23832) 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 Chesterfield County, Virginia?
Custody in Chesterfield 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. Chesterfield County J&DR Court handles standalone custody. Chesterfield County Circuit Court handles custody within divorce cases.
Custody 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 Chesterfield County Circuit Court.
Grounds include no-fault (6-month or 1-year separation) and fault grounds like adultery, cruelty, desertion, and felony conviction.
How does a Virginia lawyer defend against desertion divorce charges?
Defense strategies for desertion divorce in Virginia may include challenging evidence, examining procedural compliance, negotiating with prosecutors, 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.
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.
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Last verified: April 2026
Attorney responsible for this advertising: Mr. Sris.
Case results depend on a variety of factors unique to each case.
By appointment only.