I’ve read that there is no such thing as a “legal separation” in north carolina. That you do not have to have any separation agreement, just live separate and apart for 12 months and file for divorce. I have been separated for 10 months and do not have any separation agreement. So, does my word that I moved out of the marital home in February stand up in court. My husband should agree to this, but it would not suprise me if it doesn’t just to cause confusion. How will the judge know whose telling the truth? Is an agreement needed or necessary? Also, this past August I went out of town to a sporting event and roomed one night with a friend and my STBX husband. Then we came back to town and my STBX husband spent the night with me at my place. He left the next day and went about his business and I continued about mine. There was one act of sex - does my year start all over now?