In North Carolina, you must live separate and apart for at least one year before you can file for divorce, so what happens if you spouse won’t move out?  One of your options may be a divorce from bed and board. 

The requirements for divorce in North Carolina are that you or your spouse must have resided in North Carolina for at least six months and that you have lived separate and apart from each other (for the purpose of divorce) for a period of at least one year