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Concord, NC asked in Divorce, Child Support, Child Custody and Family Law for North Carolina

Q: How can I get a divorce if my husband refuses due to child support concerns?

I have been married for 18 years and have been separated for over 2 years without legal separation. My husband refuses to give me a divorce because he doesn't want to pay child support for our 16-year-old, who lives with me full-time. He claims to have paperwork but hasn’t initiated anything. Due to financial constraints, I’m unable to file for divorce myself. He said he would rather our son be emancipated than pay child support. I just want a divorce, and I'm concerned he will fight over child support once proceedings start. How can I proceed with getting a divorce from him?

2 Lawyer Answers

A: To be blunt, you need to come up with the money to pay an attorney a flat fee to divorce him. But if you want to get child support that's a separate issue. You can go to child support enforcement on Monday and pay them $25 and they will go after him for child support whether you're divorced or not.

James L. Arrasmith
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Answered

A: You have the legal right to file for divorce in any state, even if your husband refuses. His unwillingness to cooperate or pay child support doesn’t stop the court from moving forward. Separation without filing anything keeps you stuck, and it gives him more power over your situation than he should have.

Since you're facing financial hardship, check with your local courthouse or legal aid services—many offer fee waivers or help for low-income individuals. You can start the process by filing a petition for divorce yourself, and the court will notify your husband whether he agrees or not. If he refuses to respond or participate, the court may proceed by default and issue orders on custody, support, and property.

The threat about emancipation likely doesn’t hold much legal weight unless your son is already financially independent, which is rare at 16. Child support is based on the child’s needs, not just the parent’s willingness. The court looks at the best interests of the child and has authority to enforce support, regardless of your husband’s preferences. Keep moving forward one step at a time—his refusal doesn’t mean you’re stuck forever.

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