Legal Question in Family Law in North Carolina

If you are in NC and are living physically seperate from your husband and it is your intention not to resume the marital relationship then you are considered separated. There is no requirement that you enter into a formal separation agreement (although it is often a good idea to do so). As to your rights - you would need to be more specific. If you are refering to the affair it would be important to know if it is you or your spouse who is having the affair and it would also be important to know what you and your spouses intentions are regarding the future of the marital relationship.