Me and my husband got married in Georgia and now live in North Carolina and would like to get divorced. We have two kids and plan to have jo...

Question

Me and my husband got married in Georgia and now live in North Carolina and would like to get divorced. We have two kids and plan to have joint custody. My husband is not currently employed...can we still get a divorce or do we both have to prove we can financially take care of our kids sepraetley before we can divorce. Thanks.

Answer

No, even poor people can get divorced. There is even a petition that they can file with the court to have the filing fees waived if they cannot afford it. North Carolina requires that one of you must have lived here 6 months and that you be separated (living separate and apart) from your spouse fro a period of one year.

If you qualify, contact Legal Aid. If you earn too much for legal aid, then Wake County has a self-serve center so that you can do your own divorce. They also provide some limited legal services. I don't know if you are actually in Wake or Johnston County. If you are in Johnston, then you should contact the clerk of the Johnston County court to see if they have a pro-se divorce kit.

Regarding child support, both parents have an obligation to support their children. once you separate from your spouse, if the children are living with you, then contact your county child support enforcement agency. If you can't find it, go to www.ncchildsupport.com, click on the link for parents and look up the information for your county. They will help get a child support order in place and garnish your spouse's pay if need be.

Of course, its far better and cheaper if you and your spouse can amicably work things out by deciding on how to divide your property, who will primarily have the children and who will pay the custodial parent (the parent with whom the children live) support. Even if your husband gets unemployment, you could draw up an agreement requiring him to pay something for child support and put in that the support will be revisited if your husband gets a job.

As long as you and your husband draw up an agreement, you both sign it and make full disclosure to each other, and get it notarized its valid. If you know what you want, I can draft an agreement for you, but the price may depend on your circumstances.