Legal Question in Family Law in North Carolina

You don't have a legal separation filed in NC because there is no such thing as a 'legal separation' in NC. You are simply either separated or you are not. If you are referring to a written Separation Agreement - there is no requirement that they be filed and generally speaking is a bad idea to file them. As far as the spouse living in another state - if the spouse meets the eligibility requirements of the other state they are not obligated to comply with the eligibility requirements of NC - including the one year waiting period - unless, the spouse stupidly agreed to some sort of restriction or limitation on filing for divorce in a Separation Agreement.