What is considered a legally separated?d

In Virginia there is not technically a way to become legally separated.  Rather, a judge, when divorce papers are submitted asking for a divorce based on separation, must decide whether or not the couple meets the legal criteria. A judge must determine whether the couple has "lived separate and apart without cohabitation" for the required length of time.  What each of those terms means depends somewhat on the judge.  That is, the judge has some amount of flexibility in determining whether a couple has lived separate and apart and whether they have cohabited.  If both parties to the divorce assert in the pleadings that they have been separated, and have not cohabited, and if that information is corroborated by a witness, the judge will likely find they meet the criteria and will not need to look further into the issue.  If either party asserts that they have not been separated, then the judge will look into the issue further by determining whether the couple has lived in separate residences, whether they have had marital relations, etc.