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In cases where a spouse does not contest the divorce filing, yet fails to respond to the decree at all within the specified time frame, the plaintiff may request a default judgment from the court. This means that the court can proceed with the divorce without the defendant's active participation.
The effect of a judgment of absolute divorce is to render the parties single and unmarried. The judgment may also address such matters as child custody, child support, alimony, and equitable distribution or may preserve such issues (if raised in the pleadings) for further orders of the court.
A summary judgment action is basically saying to the court that each party has had an opportunity to respond, that there is no dispute as to the material facts supporting the divorce action, and that therefore the moving party should be granted the relief he or she seeks (i.e., the divorce).
If the plaintiff's claim is for a sum certain or a sum that can be made certain by computation, the clerk?on the plaintiff's request, with an affidavit showing the amount due?must enter judgment for that amount and costs against a defendant who has been defaulted for not appearing and who is neither a minor nor an ...
Under Rule 55 of the North Carolina Rules of Civil Procedure, a court may enter a default judgment against a litigant who has ?failed to plead or is otherwise subject to default judgment as provided by [the Rules of Civil Procedure] or by statute.? Rule 55(a).
In some cases, the judgment is a lien on real property in the county. This step might lead to the forced sale of non-exempt assets, such as your home or car, to satisfy the debt. That said, a sheriff sale of real property in North Carolina is not common.
A default is a failure to perform a duty in legal proceedings. A default judgment is binding, and the defaulting defendant may not litigate his case or present any evidence. A civil action default judgment will grant the amount of relief sought in a plaintiff's complaint.
Steps for Getting an Absolute Divorce Complete the Court Forms. File Court Papers in the Clerk of Court's Office. Serve the Papers on the Defendant (your Spouse) Wait 30 days, then set date for Hearing. Go to Court with prepared Judgment for Judge's review.