Raleigh, NC asked in Divorce for North Carolina

Q: How do I get I divorce from my husband who is refusing to sign divorce papers?

We have been separated since 2008. He resides in Maryland and I have been living in NC since August of 2018. I don’t have the money for a high priced attorney and he knows that by him refusing to sign I will have to spend more money. Are there any attorneys in Wake County that are willing to take payment arrangements? We have 1 child together, she is 27 years old; we have no property together and no joint accounts.

Any help or direction will be greatly appreciated.

Related Topics:
2 Lawyer Answers

Amanda Bowden Houser

  • Jacksonville, NC
  • Licensed in North Carolina

A: If you are filing in North Carolina, then you do not need your spouses's permission, consent or for them to 'sign papers' to divorce them. If you meet the eligibility requirements for a divorce all the is required is that they be properly served. Once that happens, there is nothing your spouse can do to legally prevent the divorce. If you are having problems getting proper service it is likely because you don't know what you are doing. Also it seems you are very misinformed about what it costs to get divorced. If you have no other marital issues and only want a divorce, it can likely be done for a total of under $500 and that includes the court cost and necessary fees. Check out our website at easyncdivorce.com to see if our service is a good fit for you.

Denise Anderson

  • Concord, NC
  • Licensed in North Carolina

A: The divorce process can be completed without your husband signing the papers. That can be accomplished by showing the court that your husband was served with notice of the divorce. Should your husband fail to respond to the notice, there is a designated timeline that must be followed in North Carolina before the court approve the divorce. North Carolina requires an individual filing for divorce to meet certain criteria, based on the provided information you have met those criteria.

Based on the facts you provided there are no property or children involved in the divorce, therefore the process should not be difficult. This type of divorce does not normally cost a lot money.

Should your husband decide to challenge the divorce and show up in court then the process could be a lengthy one that would require more detailed explanation than the one I outlined above.

You are not limited to Wake county attorneys when filing for the above divorce. I recommend you compare the prices for attorneys and choose the one that best fit your need.

The advice given above is limited only to the information you provided.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.