Change could be coming to Virginia’s divorce laws
Apr 24, 2026
RICHMOND, Va. (WRIC) -- After the murder of Cerina Fairfax by her husband, former Lt. Governor Justin Fairfax, in the midst of a reportedly contentious divorce, people are taking a closer look at the divorce laws in the Commonwealth.
Following learning about the Fairfaxes' divorce, many people disc
overed for the first time that Virginia requires couples with children to be separated for a year before filing for divorce. But, new laws going into effect this summer are changing that.
Justin and Cerina Fairfax were reportedly in that separation period when he killed her and then committed suicide in April. Even though the law requires couples to be living as if they are "separated," it does allow them to still live in the same home, just different rooms.
Divorce experts said many choose this route rather than living apart due to financial issues.
"During the separation period, a lot of people nowadays are cohabitating." said divorce coach Shauna Warden. "And so if you think about power dynamics that exist during the marriage and any sort of tensions or triggers that you have during the marriage, those escalate times infinity when you are separated.”
Currently, going through this separation period is the only way to file for a no-fault divorce in Virginia. But, new legislation going into effect July 1 is changing that.
Couples will be able to file for a "bed and board" divorce on day one of their separation and start the legal process of dividing property and making custody agreements.
The General Assembly is also asking the state bar association for a study of the issue.
"It'll be evaluating whether our system of having people wait for a year is the right system or whether it should be a shorter system like some other states have," said domestic relations lawyer Will Fitzhugh. "And what changes should be made about that?”
In light of the Fairfax deaths and with the upcoming report due in December, more changes to state divorce law could be on the way.
"Many members of the General Assembly knew Justin Fairfax. And so it's going to be on their mind. Absolutely," Fitzhugh said.
“I think that's going to make the General Assembly think. I think it's gonna make a bunch of judges think about that, too, because, you know, if people are in the same house the judge is going to recognize that danger," Fitzhugh said. "We do know all the statistics show the most dangerous time is that first early stage. And that's because of all that uncertainty and all the uncertainty, the proximity. And so that's I'm excited to see what we'll do.”
Under the revised law, couples will still have to wait a year before the divorce can be finalized. Couples without minor children only have to wait six months.
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