In Virginia, do you have to file for separation before you physical separate?

There is no requirement in Virginia to file for a legal separation.  When the time comes for you to file for a divorce, you will merely need to state in the paperwork the date that you separated and then you will need to verify this under oath in either a court hearing, a deposition, or an affidavit.  You will also have to a witness to corroborate the date of separation and the witness cannot be your spouse. Since you have no minor children, you are eligible to obtain a divorce after being separated for six months, but in order to do that you do have to have a written separation agreement.  Without that you will have to be separated for a full year in order to file a no-fault divorce.  Otherwise you would have to prove fault grounds for divorce, such as adultery, cruelty, or desertion. 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.