No sex with spouse in over 3 years, live in 2 houses connected by hallway, do you have to go thru year separation?

Yes, in North Carolina, you generally must still satisfy the one-year separation requirement before obtaining an absolute divorce. Going three years without sexual relations, by itself, does not constitute a legal separation.

The more interesting question is whether the two connected houses qualify as living “separate and apart.” North Carolina requires a physical separation and an intent by at least one spouse to cease marital cohabitation. Courts look beyond where the parties sleep and consider whether they are actually living separate lives or continuing to function and hold themselves out as husband and wife.

Two genuinely separate residences connected by a hallway could present a different factual situation than spouses simply occupying separate bedrooms or areas of the same home, but I would not assume that arrangement automatically satisfies the statutory requirement. Whether the one-year period has begun could depend on how the properties are configured and, more importantly, how the spouses are actually living.

Because an incorrectly calculated separation date can affect when a divorce may be filed, I would recommend having a North Carolina family law attorney review the specific living arrangement before relying on that date.