# Need to know **URL:** \ **Category:** Divorce and Separation Answers\ **Created:** [October 20, 2004, 8:56pm UTC](https://forum.rosen.com/t/need-to-know/1478 "2004-10-20T20:56:37Z")\ **Posts on this page:** 2\ **Page:** 1
**Author:** ![JanetFritts](https://avatars.discourse-cdn.com/v4/letter/j/d2c977/32.png) [@JanetFritts](https://forum.rosen.com/u/JanetFritts)\ **Post date:** [October 20, 2004, 8:56pm UTC](https://forum.rosen.com/t/need-to-know/1478/1 "2004-10-20T20:56:37Z")
Dear edavis: Greetings. You are separated in North Carolina when you start to live in separate residences (places with different addresses). You must be separated for one year and one day prior to being able to file for divorce in North Carolina. Best of luck. Janet L. Fritts Attorney with Rosen Divorce 4101 Lake Boone Trail, Suite 500 Raleigh, North Carolina 27607 [RosenDivorce.com](http://www.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. ---
**Author:** ![edavis](https://avatars.discourse-cdn.com/v4/letter/e/71c47a/32.png) [@edavis](https://forum.rosen.com/u/edavis)\ **Post date:** [October 20, 2004, 8:15am UTC](https://forum.rosen.com/t/need-to-know/1478/2 "2004-10-20T08:15:02Z")
My wife and I have been separated for over a year and I won’t a divorce. Do we have to be separated by law first before this process takes place? And if so how long? Thanks for your time Mr. Davis