Can I get legally seperated from my spouse if we still live in the same house?

It is possible to prove that you are separated while living in the same house, but it is not easy.  You will need a witness who has very good knowledge of the living situation and can verify that you are not only not sleeping together, but also not sharing the other kinds of things that would be indicative of a marriage, such as cooking and cleaning for each other, sharing finances, and such.  Most judges will require the witness to be someone who actually lives in the house with you, such as an adult child, nanny, tenant, roommate, or other family member.  Short of that, your witness had better be very sure and convincing of how they know you are not living as husband and wife.  I usually recommend against trying to do this.  Besides it does not solve the problem of the fact that you will still be living with your ex-spouse after the divorce is final.   This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.