In Virginia, you can obtain a no-fault divorce if you have been separated for a certain period of time –…
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Desertion & Abandonment Divorce Lawyers in Virginia
Divorce Attorneys Serving Ashburn, Leesburg, McLean & Surrounding Northern Virginia Areas
Desertion and abandonment are both grounds for divorce in the state of Virginia. When a spouse walks out on a marriage, it can sometimes mean walking out on any children, too. If your spouse has willfully left your marriage, you have the right to file for a fault-based divorce in Virginia.
If you have been abandoned by your spouse and would like to file for divorce in Northern Virginia, call Graham Law Firm at (703) 443-9360 today.
What Is Desertion?
When one spouse leaves the marriage unjustifiably and willingly with the intent to end their marriage, the other may have a fault ground for divorce—abandonment. If you and your spouse are legally separated, you cannot use desertion as grounds for your divorce. Abandonment is not the same as separation, trial or permanent, which in most cases happens as a preliminary to a divorce. If you plan on leaving your marriage, we always recommend consulting with a divorce attorney first.
Desertion or abandonment in Virginia divorce law must be proved using one of three ways:
- The deserting spouse left against the wishes of the deserted spouse
- The deserted spouse was not at fault to justify the abandonment
- The deserting spouse’s intent was to end their marriage
Keep in mind, not all absences qualify as desertion—a grounds for divorce that requires proof that one spouse broke the matrimonial cohabitation with the intent of abandonment.
If you believe your spouse is guilty of constructive desertion and has abandoned your marriage, schedule a consultation with our Northern Virginia divorce lawyers.
Constructive Desertion in Northern Virginia
Often times, families and spouses living in Northern Virginia approach us with questions about their marital status and if their grounds for divorce are justified under Virginia divorce law. Did you know you can charge your spouse with constructive desertion if your spouse has not, and will not, physically leave your home, but has already checked out or deserted his or her marriage?
For example, if a spouse has been abusive or cruel and forces you to leave your home, you can charge your spouse with constructive desertion, even if they physically remain in the residence.
No one should have to go through a divorce alone—if you believe your spouse is guilty of constructive desertion, contact Graham Law Firm by giving us a call at (703) 443-9360 to schedule a consultation with our divorce lawyers in Northern Virginia.
Divorce Lawyers in Northern Virginia
Whether you’re the victim of cruelty in your marriage or were simply abandoned by your spouse, call Graham Law Firm. We are the family law firm families in Northern Virginia turn to for their divorce needs.
Our goal is to look out for you and to help you reach a divorce settlement that is beneficial for you. We use our decades of combined experience and superior legal knowledge to ensure you receive the outcome you desire in your divorce.
Our family law firm is made up of a team of attorneys with more than 23 years of combined divorce law experience practicing in the Northern Virginia area, including Leesburg, Ashburn, Sterling, Herndon, Reston, and beyond.
Learn about other grounds for fault-based divorce in Northern Virginia:
If you have been abandoned by your spouse and would like to file for divorce in Northern Virginia, contact Graham Law Firm today.
Our Northern Virginia Divorce Law Jurisdiction
Arlington County (VA): Arlington & Crystal City
Fairfax County (VA): Annandale, Herndon, Laurel Hill, McLean, Reston, Tysons Corner & Vienna
Fauquier County (VA): Bealeton, Orlean, Warrenton
Loudoun County (VA): Ashburn, Leesburg, Purcellville, Sterling
Prince William County (VA): Gainesville, Lake Ridge, Woodbridge
Northern VA: City of Alexandria, Fairfax, Falls Church, Great Falls, Manassas, Manassas Park & Winchester