Divorce without consent

Visitation can be seperate from the divorce in N.C., but why not resolve everything at once instead of dragging it out? In other states you are required to resolve all the issues at once. The only person that benefits from you resolving these issues seperately are the lawyers who get to charge you twice for their services.

You can file for divorce regardless of whether equitable distribution, child support or custody are settled in NC. Visitation is part of child custody. All three are separate issues. He does not have to sign the papers for the divorce to become final 30-45 days after you file. I have to agree with Hawkman though, why not settle everything one time? Go ahead and put visitations and everything in the final agreement so that way you both know that it can’t be changed unless you both change it.

Dear dkperry:

Greetings. Yes, child custody issues can be handled separately from the actual divorce. Yes, you can get a divorce without him signing anything if you serve him by the sheriff. Otherwise, he will need to sign the certified mail receipt. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

My husband and I have been living seperately for 3 yrs now. Our debts and dissolved and we have divided and/or sold our property. I have had child support enforce through Social Services. He gets the children every other Friday night and keeps them till Saturday afternoon. We do not have any issues with custody, yet he will not sign divorce papers without mention of visitation. Isn’t visitation seperate from divorce? Can I get a divorce from him without him signing the actual divorce document?