Desertion divorce in New Kent County, Virginia, is a fault-based ground under Va. Code § 20-91(2), requiring one year of willful desertion without just cause. Law Offices Of SRIS, P.C. has 11 documented results in New Kent County, with favorable outcomes in all reported instances. You may file at New Kent County Circuit Court at 12001 Courthouse Circle.
Desertion Divorce Lawyer New Kent County, Virginia
Under Va. Code § 20-91(2), desertion as a ground for divorce in Virginia requires proof that one spouse willfully abandoned the other for a continuous period of at least one year without just cause or consent. The abandonment must be voluntary and without intent to return. This fault-based ground allows the deserted spouse to seek divorce without waiting for the no-fault separation period. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., ‘Advocacy Without Borders,’ brings 120+ years combined legal experience. The firm has handled numerous desertion and abandonment divorce cases in New Kent County.
Last verified: April 2026 | New Kent 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 court procedures in New Kent County, visit New Kent County Circuit Court (Virginia Courts — official site).
In New Kent County Circuit Court, prosecutors and judges routinely scrutinize desertion claims for evidence of mutual separation or consent. We have observed that corroborating witness testimony is essential — the court typically requires a disinterested third party to confirm the desertion period.
- Gather evidence of the date of abandonment (texts, emails, witness statements).
- Document the continuous one-year period without cohabitation.
- File a complaint at New Kent County Circuit Court.
- Serve your spouse with the divorce papers.
- Attend the final hearing with a corroborating witness.
- Obtain the final divorce decree.
In New Kent County, desertion divorce carries no criminal penalty 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 — Fault Ground for Divorce | None | None | None | May affect spousal support, property division, and custody |
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%. The firm’s ‘Advocacy Without Borders’ approach ensures clients receive dedicated representation in desertion divorce matters. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce.
Law Offices Of SRIS, P.C. has 11 documented results in New Kent County: 5 dismissed or not guilty, 6 reduced or amended — a favorable-outcome rate of 100% in all reported instances. Results may vary. These results include traffic and criminal matters, demonstrating the firm’s broad litigation experience in New Kent County courts.
Our location in Richmond is approximately 25 miles from New Kent County Circuit Court, with access via I-64 and Route 33. Serving the communities of New Kent, Providence Forge, and Quinton. 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 New Kent County
How long does a divorce take in New Kent County, Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at New Kent County Juvenile & Domestic Relations District Court (custody/support/protective orders) and New Kent 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… High-asset or international-element cases can extend longer. 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 New Kent County.
How much does a divorce cost in New Kent 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 Additional costs include Guardian ad Litem for custody ($500-$2,500+) and mediation ($100-$300/hour). Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3). Cases filed at New Kent County General District Court.
Filing fee 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). New Kent County Circuit Court (12001 Courthouse Circle, New Kent, VA 23124) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
No, Virginia is an equitable distribution state.
How is child custody decided in New Kent County, Virginia?
Custody in New Kent 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. New Kent County J&DR Court handles standalone custody. New Kent County Circuit Court handles custody within divorce cases. 11 total documented case results across all practice areas (favorable outcome in all reported instances).
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 New Kent County Circuit Court. 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.
Grounds include no-fault (6-month or 1-year separation) and fault grounds like desertion (1 year).
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.
Defense strategies include challenging evidence and negotiating 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 and preserve all evidence.
Learn more about our Norfolk Military Divorce Lawyer Virginia practice. Explore related pages: Family Law Lawyer Albemarle County, Family Law Lawyer Alexandria, and Construction Contract Lawyer New Kent County.
Last verified: April 2026 | New Kent County Circuit Court | Virginia General Assembly
Attorney responsible for this advertising: Mr. Sris.
By appointment only.