If you want to be separated then you can leave and establish an address elsewhere; that is the definition of separation. Or, if this is your house in your name alone, acquired before the marriage, then consult an attorney–but I believe that you can divorce him from bed and board (look up more about that on this site).
Dear PENNYBLUE:
Greetings. You become legally separated when you move out or he moves out. If you want to get him out, you can file a claim for divorce from bed and board, stop cooking for him, etc. You may also move out, and then file eviction papers on him. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
HOW DO I BECOME LEGALLY SEPERATED FROM MY HUSBAND WHEN HE DOESNT WANT TO BE. I HAVE BEEN MARRIED FOR 4 MONTHS AND I WANT OUT NOW. I KNOW THAT THIS IS NOT GOING TO WORK AND I DO NOT WANT TO SPEND ANY MORE TIME IN THIS MARRIAGE. I HAVE EXPRESSED THIS TO MY HUSBAND AND I HAVE ASKED HIM TO LEAVE MY HOUSE AND HE WILL NOT. WE HAVE NOT SLEPT TOGETHER IN THE SAME BED FOR THE LAST TWO MONTHS. WE DO NOTHING TOGETHER AND WE HAVE NOTHING TOGETHER. THERE ARE NO CHILDREN. HE MOVED INTO MY HOUSE SO I DO I GET HIM OUT LEGALLY. I DONT WANT ANYTHING FROM HIM AT ALL. I JUST WANT HIM OUT OF MY HOUSE AND MY LIFE. I EVEN TOLD HIM THE TRUTH ABOUT THE MARRIAGE THAT IS WAS NEVER OUT OF LOVE. I ONLY MARRIED HIM BECAUSE I WAS HURT AND THOUGHT I COULD LOVE HIM ONE DAY. I DONT WANT THIS MARRIAGE TO TAKE UP ANY MORE OF MY LIVE AND TIME. I JUST WANT OUT.
EVELYN WILLIAMS