Legal separation is a legally recognized status in some states in which the spouses’ act of separating or living apart has legal consequences and changes the spouses’ rights and responsibilities. In some states the legal separation process is supervised by the court, which issues court orders for the parties to follow during their legal separation.

And in some states the spouses may enter into a written separation agreement that defines their rights and responsibilities during the separation period. Some states even require spouses to be separated for some period of time (e.g., one year) before they are able to divorce.

But some states—including Delaware, Florida, Georgia, Mississippi, Pennsylvania, and Texas—do not recognize legal separation, and the spouses are married, with the same rights and responsibilities, until they are divorced.

Laws regarding legal separation vary from state to state and are usually located in a state’s statutes—often in the family or domestic relations code.

In Virginia, legal separation is recognized and can be a step toward divorce. The state allows couples to live apart and formalize their separation through a process known as 'separate maintenance.' During this period, the spouses can enter into a separation agreement, which outlines the terms of their separation, including division of property, child custody, and support arrangements. This agreement is a legally binding contract but does not end the marriage. Virginia requires that spouses live separately for one year before they can file for a no-fault divorce, or six months if they have no minor children and have created a separation agreement. It's important to note that while the couple is legally separated, they are still legally married until a court grants a divorce. An attorney can help navigate the specifics of drafting a separation agreement and the steps required to meet Virginia's legal separation and divorce requirements.