Legal separation virginia

[mhinton0320]

Virginia does not require a court order to be legally separated, can I file single or do I have to file married filing separate?

[bwa]

Virginia does not require a court order to be legally separated

The IRS does.  An individual who is legally separated from his/her spouse under a decree of divorce or of separate maintenance is not considered married (i.e., they would be single.) Mere separation is insufficient - there must be an actual Court decree.