Many couples file for legal separation before they file for divorce. Separation within Virginia can refer to two different scenarios- living apart for a fixed duration of time, and a legal property separation agreement. Living apart for a specified amount of time is the only ﾑno fault' grounds for divorce within the state of Virginia. Couples are not required to file for formal separation in order to list this as grounds for separation or for divorce. It legally means that one party in the couple has established and is maintaining a separate residence from the other party. A separation agreement is a formal filing with the court, which can reference any and all issues that will be brought up within the divorce case; child custody, division of property, child support, spousal support, and child visitation rights.