Dear here we go again:
I don’t know what your question is. You do not “file” for separation generally, you just separate in North Carolina and start living in separate homes. So, if you want to start your legal separation, yes you will need to leave the marital residence.
Now, I advise that you not leave the marital residence until you have a signed separation agreement, which you can have an attorney draft for you. Best of luck.
Janet L. Fritts
Attorney with Rosen Divorce
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.