There is actually no such thing as filing for legal separation in Virginia. However, couples are allowed to file for a no fault or uncontested divorce after 6 months of separation if they have a separation agreement and there are no children born or adopted during the marriage. If the parties have children of the marriage or have been unable to negotiate a separation agreement, then they must wait 12 months to file for a no-fault divorce. Parties need to decide upon a date of separation and the time will run from that date.
I have extensive experience in assisting divorcing couples with mediating and drafting separation agreements to resolve property issues as well as custody and visitation issues. I am happy to meet with you to discuss your options, please contact me today.