Greetings. I answer this question every day…I promise I do. No one in North Carolina ever files for anything called a “legal separation.” In NC, parties to a marriage are legally separated when either party moves out of the marital residence and one of the parties intends the separation to be permanent. Therefore, it will be enough that you have not lived together since 1/31/04 and that you wanted this separation to be permanent at that time. Best of luck.
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607