I’m not sure of what your question really is, but in North Carolina once you and your spouse are living in separate locations, and do not intend to live together any longer, then you are legally separated. You do not need any paperwork saying that you have separated. However, if you have property or debts that need to be allocated, then a separation agreement may be necessary. You may also deal with spousal support and custody issues in such an agreement.
If you and your spouse have separated, but not divorced, then you may not date. Adultery is a crime in North Carolina.
Once you and your spouse have been separated for 1 year, either one of you may file for divorce. However, you should either have a separation agreement signed, or a pending lawsuit to deal with the distribution of marital property and spousal support filed before you are divorced. Otherwise, you lose the right to pursue those actions.
I hope this helps!
Shonnese D. Stanback
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 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.