In VA do you have to be separated first before filing for divorce when the husband commits adultry?

No, you do not need to be separated from your spouse first in order to file a divorce based on the ground of adultery.  In fact, adultery is the one ground by which the entire divorce can be completed without a required separation period.  So in theory your divorce could be granted faster in a case of adultery than in other cases.  Of course, this assumes that you could get through the court process for a contested divorce faster than you could a no-fault divorce, which is unlikely.  Adultery is extremely difficult to prove, but assuming you have a good faith basis to bring the claim, you could file for divorce right away on that basis. Another issue to be aware of is condonation, which means doing something to condone or forgive the adultery.  Typically, this is done by the act of resuming marital relations.  If you have had sex with your husband since learning of the adultery, then you have condoned it and can no longer use it as a grounds for divorce against him.  In addition, all adultery claims must be brought within five years of the adultery occurring, even if you did not know about it until more recently.  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.