Fairfax Judge Dismisses Divorce Complaint Over Lack of Permanent Separation Intent

Ruling says intent to permanently separate must be pleaded under Virginia law, contradicting couple's postnuptial agreement.

Published on Feb. 10, 2026

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A Fairfax Circuit Court judge dismissed a divorce complaint, ruling that the wife failed to expressly plead her intent to permanently separate from her husband on the date of their physical separation. The judge found that the couple's postnuptial agreement, which contained positive statements about their marriage, contradicted any inference of the wife's intent to permanently separate.

Why it matters

This case highlights the emphasis Virginia courts place on a party's intent when seeking a divorce based on living separate and apart. The ruling extends case law from desertion-based divorces, requiring plaintiffs to either expressly plead or allow the court to infer their intent to permanently separate at the time of the physical separation.

The details

Cerina Fairfax filed for divorce from Justin Fairfax, pleading that they separated on June 1, 2024 while still living together. The couple later entered into a postnuptial agreement on December 14, 2024 that contained positive statements about preserving their marriage. The judge ruled that the wife's complaint failed to expressly plead her intent to permanently separate, and the postnuptial agreement contradicted any inference of such intent, leading him to sustain the husband's demurrer.

  • Cerina Fairfax and Justin Fairfax separated on June 1, 2024.
  • The couple entered into a postnuptial agreement on December 14, 2024.
  • Cerina Fairfax filed for divorce on July 18, 2025.

The players

Cerina Fairfax

The wife who filed for divorce from her husband, Justin Fairfax.

Justin Fairfax

The husband who filed a demurrer to his wife's divorce complaint.

Judge David A. Oblon

The Fairfax Circuit Court judge who dismissed the wife's divorce complaint.

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What they’re saying

“This line of cases necessitates that an attorney carefully consider all factual circumstances, including written documents, verbal communications and behavior that occurs between parties from the physical date of separation to the filing of the divorce action, to ascertain intent.”

— Julie Cillo, Partner, Owen & Owens (Virginia Lawyers Weekly)

What’s next

The judge's ruling means the wife will need to amend her complaint to properly plead her intent to permanently separate from her husband in order to proceed with the divorce.

The takeaway

This case underscores the importance of carefully pleading intent to permanently separate when seeking a divorce in Virginia, as courts will closely examine the facts and any written agreements between the parties to determine if the statutory requirements have been met.