Legal Question in Family Law in North Carolina

Yes. There is no filing requirement. In North Carolina all that is required to be 'separated' is that you be physically separated (not living in the same residence) and at least one of you has the intention not to resume the marital relationship. Also, there is no requirement that you communicate this intention to your spouse - so it is possible to be separated and the other spouse not know it (very common for deployed military). After being separated for one year, you will likely be eligible for divorce if you choose to go that route. The good news is this can be done very inexpensively at $395 for everything. If you do want to give you spouse a heads up, you can also resolve all your marital issues prior to the divorce through a formal written separation agreement. That too is inexpensive at a flat rate fee of $250. Divorce attorney's only make money if you fight so in dealing with your spouse, remind them that fighting over these matters and hiring strangers and paying them large sums of money to decide things for you that you could do fairly yourselves is basically - not smart.