Geller Law Group Attorneys Join Fairfax County Podcast on Safety Planning During Divorce

On June 4, Stephanie Sauer, Partner and Family Law Practice Chair at The Geller Law Group, and Allison Mazzei, Senior Associate, joined Fairfax County’s podcast, Unscripted: Conversations about Sexual and Domestic Violence, for an important conversation.

The episode, “Safety Planning During Divorce,” was hosted by Kendra Lee and also featured Vanessa Cullers, Senior Victim Advocate with Fairfax County Domestic and Sexual Violence Services. Together, the speakers discussed Virginia divorce law, legal protections, safety planning, protective orders, firearms, danger assessment tools, and the resources available to people experiencing interpersonal violence.

Listen to the full episode on Apple Podcasts

Listen to the full episode on SoundCloud

Why Safety Planning Matters During Separation and Divorce

The decision to separate or divorce is deeply personal. For someone experiencing abuse, that decision can also involve serious safety concerns.

As discussed in the episode, planning to leave, leaving, and the immediate aftermath of leaving can be among the most dangerous times for victims of domestic violence. That is why legal strategy and safety planning often need to happen together.

The conversation emphasized that people experiencing abuse are the experts in their own lives. Safety planning should be tailored to the individual, their children, their home, their financial situation, and the specific patterns of behavior they have experienced.

Virginia Divorce Law and the July 1, 2026 Change

Stephanie Sauer discussed Virginia’s current divorce framework and an important change to Virginia’s divorce law that took effect on July 1, 2026.

Under former Virginia law, many spouses had to have grounds for divorce to file a complaint before the no-fault separation period had passed. Those grounds may include adultery, cruelty, desertion, or constructive desertion.

As Stephanie explained in the episode: “Beginning July 1st, parties are now able to file a complaint for divorce merely upon separation, even if they don’t have those grounds for divorce.”

This change may be especially important for spouses in abusive or controlling relationships where the conduct has not risen to the level traditionally required to plead cruelty under Virginia law.

Stephanie noted that the change may allow people earlier access to the court to seek help with issues such as exclusive use of the marital home, child support, spousal support, mortgage payments, and concerns about finances being depleted during the separation period.

She also clarified that the final waiting period for divorce is not going away. Parties with minor children generally still need to be separated for one year before a final divorce can be granted. In cases without minor children, the waiting period may be six months if the parties have resolved their issues through a written agreement.

Financial Control, Property, and the Waiting Period

Allison Mazzei discussed how financial issues can complicate the separation process, even when spouses do not own major joint property.

As Allison explained, an asset does not automatically belong to one spouse simply because it is titled in that spouse’s name. In Virginia, property may still be considered marital if it was earned, acquired, or built during the marriage.

She noted that the upcoming change in the law may help people get into court sooner during the waiting period, rather than being left in limbo while hoping the other spouse will agree to maintain the status quo.

For someone in an abusive situation, that can be especially important when the other party controls the finances.

As Allison shared during the conversation, the ability to go to court sooner may help a spouse ask for the temporary support and protections they need “to continue to live my life safely.”

Legal Protections During a Violent Marriage or Separation

The episode also addressed protective orders and other legal protections that may be available when violence or abuse is present.

Stephanie emphasized that if there is an incident of domestic violence, the first call should be to 911. Law enforcement may be able to intervene and help seek an emergency protective order. Depending on the circumstances, the Juvenile and Domestic Relations District Court, General District Court, or Circuit Court may also be involved.

In a pending divorce case, the court may address issues such as exclusive use of the marital residence, no-harassment provisions, limited communication, and other protections to help establish boundaries during the divorce process.

Allison also noted that some issues, including spousal support, child support, and custody, may be addressed in the Juvenile and Domestic Relations District Court before a divorce action is fully underway in Circuit Court. These options depend on the facts of each case.

Anyone facing immediate danger should call 911. 

Anyone experiencing interpersonal violence in Fairfax County may also contact the Domestic and Sexual Violence 24-Hour Hotline at 703-360-7273.

Safety Planning When Staying or Leaving

Vanessa Cullers discussed practical safety planning strategies for people who may be staying in the home, preparing to leave, or trying to protect children during an escalating situation.

These strategies may include keeping a phone charged and nearby, making a list of important phone numbers, identifying trusted friends or family members, creating code words, helping children understand when and how to call 911, and identifying safer places in the home.

For someone preparing to leave, safety planning may also include gathering important documents, medications, chargers, car keys, items for children, and comfort items. The conversation also addressed transportation options, safe places to keep a packed bag, and ways to reduce risk during a quick exit.

The speakers were careful to acknowledge that safety planning can feel unfair because it places additional responsibility on someone already experiencing harm. At the same time, individualized safety planning can be a critical tool for reducing risk.

Firearms, Protective Orders, and Safety Concerns

The podcast also addressed the role firearms can play in separation, divorce, and domestic violence situations.

Stephanie shared that when attorneys are working with clients who have safety concerns, one of the first questions is often whether there are guns in the home. When a protective order is in place, firearm restrictions may apply.

The conversation also recognized the limits of the legal system. Short of a protective order, courts may have limited ability to require someone not to own firearms. That makes it especially important for people with safety concerns to speak with an attorney and with trained domestic violence advocates about their options.

Danger Assessment and Recognizing Risk

The episode also explored danger assessment tools, including how advocates use them to identify risk factors associated with increased danger in violent relationships.

Vanessa explained that danger assessments may include questions about firearms, sexual abuse, threats, jealousy, possessiveness, isolation, substance abuse, threats to pets or loved ones, and other factors that may increase risk.

Stephanie and Allison discussed how family law attorneys may not always use the formal danger assessment tool, but they often ask similar questions when working with clients. These conversations can help attorneys understand what a client is experiencing, identify safety concerns, and connect clients with appropriate resources.

Stephanie explained that many clients may not initially recognize the severity of what they have experienced. Part of the attorney’s role is to ask careful questions, validate the client’s experience, and help connect them with support.

As Stephanie said in the episode: “You deserve safety, you deserve peace.”

Resources for People Experiencing Domestic or Sexual Violence

If you or someone you know has experienced interpersonal violence, Fairfax County’s Domestic and Sexual Violence Services provides support, advocacy, and resources.

The Fairfax County Domestic and Sexual Violence 24-Hour Hotline is available at:

703-360-7273
Fairfax County Domestic and Sexual Violence Services

If you are in immediate danger, call 911.

About Unscripted: Conversations about Sexual and Domestic Violence

Unscripted: Conversations about Sexual and Domestic Violence is a Fairfax County podcast featuring employees and subject matter experts from Domestic and Sexual Violence Services and partner organizations. The series discusses interpersonal violence, prevention strategies, solutions, and resources for residents of Fairfax County.

This episode, “Safety Planning During Divorce,” brought together legal and advocacy perspectives to help listeners better understand the risks, legal options, and support systems available during separation and divorce.

Legal Guidance When Safety Is a Concern

Separation and divorce can bring difficult decisions, even in the most amicable circumstances. When domestic violence, coercive control, financial abuse, or safety concerns are involved, the process can become more complex and dangerous.

At The Geller Law Group, our Family Law team understands that divorce is rarely just a legal process. It can involve children, finances, housing, safety, emotional health, and the need for careful planning. When safety concerns are present, compassionate and informed legal guidance matters.

If you are considering separation or divorce and need legal guidance, our Family Law attorneys are here to help. Reach out to us today for a consultation.