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What can I do if my husband refuses to give me a divorece?I have NO money...

Fayetteville, NC |

He is more or less blackmailing me because our daughter does not want a relationship with him.We have kids toghether but do not have custody of any of them.I am trying to do the divorce prose.

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Attorney answers 2


In North Carolina, an absolute divorce is a no-fault cause of action, and once the statutory requirements are met, a divorce will be granted, the parties do not have to both "agree" to divorce. Even if you represent yourself (pro se), there are court fees associated with your divorce proceeding, it is $225 to file, and then fees associated with service ($30 to have your husband served by the sheriff), and there is a $20 motion for summary judgment fee.

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File the divorce and have him served by sheriff or certified mail. After 30 days, set it for hearing and get the divorce. The other lawyer is correct- NC is "no-fault," meaning he doesn't have to agree to the divorce. If you're having difficulty having him served, there are ways around that too. If you don't have money for an attorney, talk to the clerk's about the proper procedure in the family law division at the Cumberland County Clerk's office at the courthouse. Good luck!