Method of separation, will it work?

North Carolina Divorce Law Divorce and Separation Answers
1

My wife had an affair on me and moved out some months back, I foolishly let her back in the house to try to see if we could salvage the marriage.

I now realize my wife only moved back because the fling relationship had no future and I am 90% certain she is back with me to support her and her daughter.

She has made some attempt to find a job but for some one with no skills and minimal education she can’t find anything which suites her.

As she has no were to go, I know she will not move out and I don’t want to move out of my house for a year to get the separation period over.

The only thing I can think to do to get free from this relationship is to put the house up for rent, we move out together into an apartment or rental after a month for two, I leave her with the apartment as that would be the marital residence at that time.

For the most part we have peace in the house so I don’t think it will be a problem to get her to move out with me to an apartment.

I hate to have to do something like this but I can see no other way to get a divorce unless we can get separated.

2

As long as you are living separate and apart with the intention of remaining that way, you are separated. If you can convince her ahead of the actual separation date, while you still have an intact marriage, to move to a less expensive place then there are no laws preventing you. She will still have a marital interest in the home you would be renting out though. It may not be marital residence at that time, but it’s still a part of the estate.