RICHMOND, Va. — When no cheating, cruelty or desertion is involved, couples with children who want to divorce in Virginia must first be separated for one year before filing for a no-fault divorce.
According to court records, that is the process Dr. Cerina Fairfax followed with her husband, former Lieutenant Governor Justin Fairfax, before he killed her and then himself.
The tragedy left some wondering if Virginia's mandatory separation rules are antiquated and could potentially lead to domestic violence.
Family law attorney Erica Baez, with Erica Baez Law, works with people every day who are going through divorce. She said the law tries to balance respect for the institution of marriage with real-world family dynamics.
"We want the institution of marriage to be respected, to be valued, to be honored and to be protected, but we also want to make sure we're balancing that with the real world, practical issues that are going on right now in the family that are creating toxic environments that are causing these issues to escalate," Baez said.
Some states do not have a prolonged separation period. In Florida, where Baez also holds a bar license, no separation is required before filing for divorce.
"I think there is a big push to avoid the, you know, let's stop avoiding the inevitable here, and let's get a time period that makes more sense to modern families," Baez said.
Baez says the 12-month separation period can lead to increased toxicity in a marriage.
"It can bring to the surface more things that have been dynamics for years, potentially between the couples or created stressors that cause those substance abuse, those triggers for mental health concerns. I think it can escalate those situations by still feeling stuck in that waiting period," Baez said.
And yet Baez says she has also worked with couples through a separation that repaired their marriage.
"They have been able to get counseling they need, or the mental health services, substance abuse services in order to do some work and repair their marriage. So I see both sides of that," Baez said.
The judge in the Fairfax case noted Fairfax's heavy drinking and withdrawal from his family, and said there was no evidence Fairfax was seeking professional help. It appears he was not ordered to substance abuse or mental health services.
Generally speaking, Baez said that attorneys have to move for that relief under the code, and their clients have to want them to do it.
She said it can be a tool to try to prevent domestic violence.
"I've been involved in numerous cases where substance abuse treatment has been ordered, but I have had to file for that relief. I have filed specific motions for psychological evaluations, for mental health evaluations, for substance abuse treatment," Baez said.
This year, the General Assembly asked a workgroup to study the state's laws surrounding the length of separation and no-fault divorce. Their findings are due to the governor by Dec. 1.
If you or someone you know needs help, the National Suicide and Crisis Lifeline is available by calling or texting 988. There is also an online chat at 988lifeline.org. The National Domestic Violence Hotline is 1-800-799-7233.
Editor’s Note:
"HB303 (which has been passed and signed into law by Governor Spanberger) will take effect on July 1, 2026. The bill removes the 1-year waiting period for a no-fault divorce filing and authorizes a divorce from bed and board based solely on the parties living separate and apart, without proof of fault grounds (i.e., desertion, adultery, or cruelty). This allows people earlier access to juridical remedies, such as pendente lite spousal and/or support, exclusive use and possession of a marital residence, custody of children, and injunctions on dissipation of marital assets, while preserving existing statutory requirements for a final divorce from the bonds of matrimony” Attorney Adrienne Fleming with the Law Offices of DeAnna Cook said. Fleming said a “bed and board divorce” is a legal separation, but even if a person files for a bed and board divorce immediately, they will still have to wait a full year, if they have children, for a final divorce from the bonds of matrimony.
CBS 6 is committed to sharing community voices on this important topic. Email your thoughts to the CBS 6 Newsroom.
📲: CONNECT WITH US
Blue Sky | Facebook | Instagram | X | Threads | TikTok | YouTube
This story was initially reported by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy. To learn more about how we use AI in our newsroom, click here.
