Dear michele:
Greetings. If you have been separated for over one year, you can file for divorce by filling out the papers and giving them to the clerk of court in the county where you reside. There is a fee and you must pay the same when you file. It is your responsibility to ensure that your ex is served with the divorce papers.
I would also suggest that you look at the information at the following link:
rosen.com/ppf/ID/58/issues.asp
Remember that you lose the rights to alimony and equitable distribution upon the date of the divorce! Best of luck.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668
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.