Dear jlb7878:
Greetings. You are legally separated from the moment you are living separate and apart and one of you intends the separation to be permanent. You never have to file for divorce, you can live the rest of your life as married, but separated. You may file for divorce after one year of separation. If you reconcile while you are separated - then you are no longer separated. Best of luck.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668
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.