Can 6 months living apart be considered legal separation in Virginia?

There is no requirement for an official legal separation in Virginia. However, there is a requirement that couples live apart for a set period of time before the couple can get a no fault divorce. 

• As a general matter, in order to obtain a no fault divorce in Virginia, grounds for divorce require that the parties live apart for a period of at least one year. 
• However, if there are no children who are under the age of 18 years old at the time of the divorce, the parties may be able to get a divorce after living apart for a period of six months if there is a written agreement in place that specifies how property will be divided. 

It is also possible to get a divorce in Virginia based on fault grounds, such as adultery or one spouse being convicted of felony charges.

Of course, just because a legal separation agreement is not required in Virginia prior to divorce, this does not mean you should never create such an agreement. If you intend to divorce, a legal separation agreement can be used to govern what will happen during the waiting period of either six months or one year. For example, if you have kids and you have to wait a year in order to get divorced based on no fault grounds, you may wish to create a separation agreement to help you determine who is going to have custody and what support must be paid during the year you are living apart.

If you intend to separate or divorce in Virginia, consulting with a lawyer first is a good idea. Your attorney can help you to determine how to protect your rights during both the waiting period and the divorce process, and can help you make sure you get your divorce as quickly as possible under the law.