North Carolina Divorce by Summary Judgment Form

Download

Divorce by Summary Judgment

In North Carolina, the divorce can be handled by the Judge without having to go to a court hearing date. This form may be authorized by the Judge and the divorce process is complete.

Ads

Preview

- 1 –

STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION

COUNTY FILE NO.

))

Plaintiff, ))

vs. ) DIVORCE BY SUMMARY JUDGMENT

)

, )

Defendant. )

THIS ACTION came before the undersigned on the day of ,

20 , for hearing on Plaintiff’s Motion for Summary Judgment, made pursuant to Rule 56 of

the North Carolina Rules of Civil Procedure.

Having reviewed the Motion and the other documents of record, which include Plaintiff’s

verified Complaint, the Court determines that no genuine issue of material fact remains for trial

by jury. Accordingly, the Court finds the following:

FINDINGS OF FACT

1. Plaintiff filed his/her verified Complaint on the day of ,

20 and a copy of the verified Complaint and a Civil Summons were served on the

Defendant.

2. The Defendant accepted service of the Summons and Complaint on the day

of , 20 .

3. Plaintiff’s Motion for Summary Judgment and Notice of Hearing were mailed to

the Defendant on the day of , 20 .

4. Both the Plaintiff and the Defendant are citizens and residents of

County, North Carolina and each has been such for more than six

months next preceding the institution of this action.

– 2 –

5. Plaintiff and Defendant were married to one another on the day of

, 20 .

6. Plaintiff and Defendant separated on the day of ,

20 , and have lived continuously separate and apart without resuming the marital

relationship since the day of , 20 . On the date of separation, at

least one of the parties intended that the parties live separate and apart without subsequently

resuming the marital relationship.

7. There are minor children of said marriage, whose names and Social

Security numbers are listed below.

Child’s Name Social Security Number

8. This is an action for an absolute divorce from the Defendant on the grounds of

one year’s continuous separation as provided by law.

9. All issues regarding custody, visitation and support of the minor children have

been resolved in the Separation and Property Settlement Agreement.

10. The Court finds that an equitable distribution of the remaining assets and

liabilities of the parties has been made. Specifically, the Parties have entered into a Separation

and Property Settlement agreement, the Original of which is attached hereto as Exhibit “A”. The

Court finds that the agreement is not unconscionable and sufficiently disposes of all property,

– 3 –

debt and other marital issues between the parties and is approved.

11. Wife, requested that her former name of be restored unto her.

Her request is not made for any illegal or fraudulent reason.

BASED ON THE FOREGOING FINDINGS OF FACT, THE COURT MAKES THE

FOLLOWING:

CONCLUSIONS OF LAW

1. That this Court has jurisdiction over the subject matter of this action and the

parties hereto.

2. That the Plaintiff is entitled to an absolute divorce from the Defendant on the

grounds of one year’s continuous separation.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT:

1. The Plaintiff’s Motion for Summary Judgment for absolute divorce be granted.

2. Pursuant to North Carolina General Statute 50-6, the marriage existing between

and be dissolved, that

and are divorced from the bonds

of matrimony.

3. That the Separation and Property Settlement Agreement entered into by and

between the parties and attached hereto as Exhibit “A’ is incorporated herein by reference and

shall have the same force as if stated herein in full;

4. That is hereby restored her maiden name of .

This the day of , 20 .

– 4 –

DISTRICT COURT JUDGE PRESIDING

Agreed and Approved:

Plaintiff

Defendant

– 5 –

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing signed and filed Divorce by Summary

Judgment was served on the Defendant by placing a copy in an envelope, properly addressed as

follows, and placed in the United States mail, postage prepaid:

This the day of , 20 .

Signature

Plaintiff:

EDITOR'S PICKS

Of Other Useful Sites