North Carolina Motion for Summary Judgment for Absolute Divorce
About this form
A Motion for Summary Judgment for Absolute Divorce is a formal request submitted to the court, asking for a judgment of divorce without a trial based on the evidence presented. This motion serves to simplify the divorce process when there are no contested issues between the parties, allowing the court to grant the divorce based on the legal grounds stated. It differs from other divorce filings by specifically seeking a judgment based on established facts that do not require a court hearing for resolution.
Key parts of this document
- Case caption: Identifies the parties involved and the court in which the motion is filed.
- Statement of grounds: Outlines the legal reasons for requesting a summary judgment for divorce.
- Supporting facts: Presents evidence or statements that support the request for divorce.
- Certification of service: Affirms that all parties have received a copy of the motion.
- Signature block: Provides a space for the party submitting the motion to sign and date the document.
Legal requirements by state
This form is designed to comply with general requirements for filing a motion for summary judgment in divorce cases. However, users should verify specific state rules and procedures, as they may vary. This is particularly important for formatting, language, and the evidentiary standards required for the motion.
When to use this form
This form is typically used when both spouses agree on the terms of the divorce and there are no disputes regarding property, child custody, or support. It is appropriate when the parties have settled their differences and seek an efficient resolution to finalize the divorce. Utilizing this motion can help avoid lengthy court proceedings and expedite the divorce process.
Who needs this form
- Individuals seeking an uncontested divorce.
- Parties who have mutually agreed upon all aspects of the divorce.
- Those wishing to avoid a court hearing due to unanimous decisions on issues related to the divorce.
- Individuals familiar with basic legal processes, or those working with a legal professional.
Completing this form step by step
- Identify the case caption by entering the names of both parties and the court details.
- Clearly state the grounds for summary judgment in the appropriate section.
- Provide factual information supporting your request, ensuring it aligns with legal requirements.
- Sign the document in the designated area, confirming the authenticity of the information provided.
- Provide a certification of service to indicate that both parties received a copy of the motion.
Does this form need to be notarized?
In most cases, this form does not require notarization. However, some jurisdictions or signing circumstances might. US Legal Forms offers online notarization powered by Notarize, accessible 24/7 for a quick, remote process.
Avoid these common issues
- Failing to include adequate supporting facts can lead to denial of the motion.
- Not properly certifying service can result in delays or legal complications.
- Leaving out the case caption or misidentifying parties may render the motion invalid.
- Not adhering to state-specific rules can hinder the approval of the motion.
Why complete this form online
- Convenient access to a professionally designed form at any time.
- Editable format allows users to personalize the document to fit their specific circumstances.
- Guidance from licensed attorneys ensures legal accuracy and compliance.
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FAQ
How Is Summary Judgment Granted? Summary judgment is granted when there are no other facts to be tried.Summary judgment is granted when the facts can be decided upon without needing to go to trial, where the opposing party would lose due to a lack of evidence.
In North Carolina, absolute divorce signifies nothing more than the termination of the marriage bond that was created by your wedding ceremony and marriage certificate.Neither one of you is required to file for a divorce; but neither one of you can prevent the other party from seeking a divorce.
In law, a summary judgment (also judgment as a matter of law or summary disposition) is a judgment (also, judgement) entered by a court for one party and against another party summarily, i.e., without a full trial.A factfinder has to decide what the facts are and apply the law.
Decision on motions for summary judgment: About 15 months after beginning of representation. The judge will make a decision on summary judgment about three months after s/he hears arguments from both sides.
A summary judgement occurs when, in a civil case, one party wants to move to a court decision without a trial.When a motion for summary judgement is granted, it indicates there is sufficient evidence to declare one party the clear winner.
The purpose of summary judgment is to avoid unnecessary trials. It may also simplify a trial, as when partial summary judgment dispenses with certain issues or claims. For example, a court might grant partial summary judgment in a personal injury case on the issue of liability.
The entire process usually takes 90 days. Immediate filing for divorce is not a requirement in North Carolina, and you may want to remain married while being separated due to beneficial reasons such as social security and health insurance.
A summary judgement occurs when, in a civil case, one party wants to move to a court decision without a trial.When a motion for summary judgement is granted, it indicates there is sufficient evidence to declare one party the clear winner.