Can I get a divorce while I'm still living with my husband

The only grounds for absolute divorce in the state of North Carolina are (1) incurable insanity and (2) separation for a period of one year.  THe most typical route people take for divorce in NC is to wait one year from the date of separation (the date on which you began living under separate roofs with the intent to remain permanently separated) and then file for divorce.   For additional info on divorce, view our blog which answers 8 common questions about divorce in North Carolina.   You may qualify for what is known as a divorce from bed and board while still living together.  This is a fault based action that is based on the marital misconduct of one party and used in part to sever the marital rights of the offending party, to establish a fault basis for other proceedings, and in rare instances, as an ejectment action to possibly force a spouse out of the home.  A divorce from bed and board does NOT create an actual absolute divorce between the parties. I strongly encourage you to seek legal counsel in your local area as these are complex areas of law.  Hope this helps a bit.