Greetings. If you have lived here for more than six (6) months, then you can file here in North Carolian for a divorce. There is no such thing as “filing for separation.” You are legally separated in North Carolina on the date that both of you stop living in the marital residence and at least one of you desires that the separation be permanent. So, you are legally separated now if she moved and does not plan to come back. I hope that helps. Thank you.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
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.