Dear Train Wreck:
Greetings. Answer One: Yes, you would be committing adultery in the eyes of the court. Adultery is a criminal offense. You can date someone and have a full blown romantic relationship, without the sex.
Answer Two - Part A: Yes, you have to live in NC for 6 months before filing. Since you still have 8 months to wait before you can file for divorce, why are you worried about it.
Answer Two - Part B: If one of you return to your home state, you can file in your home state under the laws established there. The one remaining in NC could still file here. I hope that helps…best of luck.
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
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.