Charlotte North Carolina Motion for Summary Judgment for Absolute Divorce
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How to fill out North Carolina Motion For Summary Judgment For Absolute Divorce?
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FAQ
If neither spouse has been a resident of North Carolina for at least six months or the parties have not lived continuously separate for at least one year, you can challenge the divorce.
In short, no. The court is an integral part of the process but you do not have to attend at court unless you require a judge to adjudicate a dispute between you.
If you file for divorce, your spouse does not have to complete or sign any paperwork, file anything with the court, or go to court for the divorce hearing. However, your spouse must receive proper legal notice of the divorce case that you file.
North Carolina law acknowledges two grounds for absolute divorce: 1) the spouses are permanently and legally separated for one year, or 2) one spouse is diagnosed with incurable insanity.
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.
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.
Once a formal Date of Separation is established, an absolute divorce may be granted one year later upon the proper filing of a Complaint for Divorce. Both parties do not need to agree to getting divorced. As such, one spouse saying, ?I'm not giving you a divorce? has no legal authority or effect in North Carolina.
Even though the defendant may have filed an answer admitting all of the allegations, the plaintiff must still prove to the court, by one of the two stated methods, that he or she is entitled to an absolute divorce. If your attorney uses summary judgment, you yourself do not have to go to court for the divorce hearing.
You are eligible to file for divorce, also called an ?absolute divorce,? only after being separated for at least a year and a day. This means that you must have been living in different homes and that at least one of you intended that the separation be permanent during that time.