I agree that you should not move out of the house without consulting with an attorney first, unless domestic violence is an issue and then you should do whatever is necessary to protect your safety.
I do not know what type of paper your attorney intends to file. I do not know of any document that would simply evict your spouse from the residence. Either attorney can file a Divorce from Bed and Board, which asks for a judicial separation, but even if you were granted a divorce from bed and board it could take up to six months and your spouse may still not be evicted.
If you have been married for only three years then generally alimony is not awarded, however it depends on the facts of each specific case.
If you have questions about what this specific attorney told you, it might be best if you contact him for clarification.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044
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.