North Carolina Divorce by Summary Judgment - No Children
Overview of this form
The Divorce by Summary Judgment - No Children is a legal document that enables a couple to obtain a divorce without the lengthy process of a trial, provided certain conditions are met. This form is specifically designed for couples who have no children and have been separated for at least one year. Unlike traditional divorce proceedings, this form allows both parties to agree on terms, which may expedite the finalization of their divorce in court.
Main sections of this form
- Petition for Summary Judgment: A request for the court to grant a divorce based on agreed terms.
- Findings of Fact: Details regarding the marriage, separation, and lack of children.
- Conclusions of Law: Statements establishing the court's jurisdiction and entitlement to divorce.
- Judgment: The official decree that finalizes the divorce and dissolves the marriage.
- Certificate of Service: Proof that the divorce documents were properly served to the other party.
When this form is needed
This form is appropriate to use when both spouses agree to pursue a divorce without any disputes regarding property division or alimony, and there are no children involved. It is ideal for cases where the couple has been living apart for at least one year, and there are no issues that require mediation or trial.
Who should use this form
- Couples who have been married and are now living separately without children.
- Individuals seeking a straightforward and amicable divorce solution.
- Parties who have reached an agreement regarding the terms of their divorce.
Completing this form step by step
- Identify the parties: Enter the names and addresses of both the Plaintiff and Defendant.
- Provide separation details: Fill in the dates of marriage, separation, and confirmation that the couple has lived apart.
- Submit the verified Complaint: Include necessary documentation as required.
- File the Motion for Summary Judgment: Indicate the court's authority to grant the divorce and summarize findings.
- Sign and serve the documents: Ensure that both parties receive copies and sign where applicable.
Notarization requirements for this form
This form does not typically require notarization to be legally valid. However, some jurisdictions or document types may still require it. US Legal Forms provides secure online notarization powered by Notarize, available 24/7 for added convenience.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Typical mistakes to avoid
- Failing to complete all required fields accurately, which may delay the process.
- Not adhering to the one-year state residency requirement.
- Skipping the service of documents to the other party, which can invalidate the motion.
Benefits of completing this form online
- Convenience: Easily fill out and download the form from the comfort of your home.
- Editability: Make adjustments easily to ensure accuracy and completeness.
- Access to reliable templates: Forms are drafted by licensed attorneys to adhere to legal standards.
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FAQ
The fee for filing a case for divorce is currently $225.00. If you are including a claim for Resumption of Maiden Name, there may be an additional $10.00 fee. These fees are subject to change. If you cannot afford the filing fee, also take the Petition to Proceed as an Indigent and ask to speak with a Clerk.
Spousal Abandonment in North Carolina. Spousal abandonment occurs when one spouse ends the marital cohabitation without justification or provocation, without the consent of the other party, and without any intent to resume the marital relationship.
One such fault ground is willful desertion and abandonment. In order for a party to prove willful desertion or abandonment he/she must prove (1) that the deserting spouse intended to end the marriage; (2) that the deserted spouse did nothing to justify the desertion; and (3) the desertion was against the wishes of
Defining Marital Abandonment in North CarolinaAbandonment is quite different. It is considered a form of marital misconduct in North Carolina and is defined as a spouse leaving the couple's residence and living elsewhere without cause or justification and not intending to return to the marriage.
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.
As a general rule, a simple divorce can take about 45-90 days to finalize after it has been filed with the courts. Divorces in which spouses cannot agree on issues such as child support or child custody will naturally take longer.
Couples who wish to pursue an uncontested (simple) divorce can do so by filing "no-fault" grounds. In a no-fault divorce, the law doesn't require either spouse to prove that the other person caused the breakdown of the marriage.
Every state has its own definition of abandonment or desertion, but generally, it means that one spouse leaves the family home and the relationship without communicating and without warning.
Criminal Child Abandonment Laws in NC NCGS §14-322 outlines abandonment and failure to suppose spouse and child. Any parent who willfully neglects or refuses to provide adequate support for their child is guilty of a misdemeanor.
