how long to i have to wait in virginia before i can file for seperation

You do not need to do anything to file for separation in Virginia.  Once you live separate and apart from your spouse with the intent of remaining separated then you are legally separated.  If you intend to file a divorce based on a one year separation or on a six-month separation, if you have no minor children and a written property settlement agreement, then at the time of the divorce you merely need to swear under oath about the date you separated and you will need a witness to verify this.  The witness cannot be your spouse. You only need a separation agreement if you are basing your divorce on the six-month separation.  You can obtain the separation agreement at any time prior to filing the divorce.  There is no waiting period, but will mostly depend on when you and your spouse come to terms on everything and both are wiling to sign.  It is a contract that you hold onto, but you don't file it with the court, until you file the divorce.  It ordinarily gets filed at the end of the case, along with the final order. 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.