Cary North Carolina Motion for Summary Judgment for Absolute Divorce

• Category: North Carolina Family Law - Divorce - Summary
• State: North Carolina
• City: Cary
• Control #: NC-806D
• Format: Word; PDF; Rich Text

Description

A motion is a written request to the court to take a certain action. The court will either grant or deny the motion in accordance with law and court rules. This document, a Motion for Summary Judgment of Divorce, is a model motion requesting the named action from the court (or a general motion form). Adapt to fit your facts and circumstances. Available for download now in standard format(s). USLF control no. NC-806D Keywords: Cary North Carolina, Motion for Summary Judgment, Absolute Divorce, types Detailed description: The Cary North Carolina Motion for Summary Judgment for Absolute Divorce is a legal document that can be filed in a family court to request a final decision on a divorce case without the need for a trial. This motion is typically filed when both parties agree on all the terms and conditions of the divorce, making it unnecessary to proceed with a full trial. By filing this motion, the petitioner seeks a summary judgment based on the available evidence and applicable laws, bringing the divorce proceedings to a swift conclusion. There are two main types of Cary North Carolina Motion for Summary Judgment for Absolute Divorce: 1. Uncontested Motion for Summary Judgment: This type of motion is filed when both spouses are in agreement on all the aspects of their divorce, including property division, child custody, child support, and alimony. The parties must submit a written settlement agreement along with the motion, outlining the terms they have agreed upon. If the court finds the settlement fair and reasonable, the judge may grant the summary judgment, finalizing the divorce. 2. Default Motion for Summary Judgment: This type of motion is filed when one of the parties fails to respond to the divorce proceedings or fails to participate altogether. If the petitioner meets the required legal criteria for divorce and properly served the other party with the necessary documents, they can file a motion for summary judgment to move the divorce forward without the non-responsive spouse's active involvement. The court will review the evidence provided by the petitioner and may grant the summary judgment, resulting in a divorce by default. It's important to note that navigating the legal nuances of divorce proceedings can be complex, and it is advisable to consult with an experienced family law attorney in Cary, North Carolina, for guidance on how to file a Motion for Summary Judgment for an Absolute Divorce specific to one's unique circumstances.

Keywords: Cary North Carolina, Motion for Summary Judgment, Absolute Divorce, types Detailed description: The Cary North Carolina Motion for Summary Judgment for Absolute Divorce is a legal document that can be filed in a family court to request a final decision on a divorce case without the need for a trial. This motion is typically filed when both parties agree on all the terms and conditions of the divorce, making it unnecessary to proceed with a full trial. By filing this motion, the petitioner seeks a summary judgment based on the available evidence and applicable laws, bringing the divorce proceedings to a swift conclusion. There are two main types of Cary North Carolina Motion for Summary Judgment for Absolute Divorce: 1. Uncontested Motion for Summary Judgment: This type of motion is filed when both spouses are in agreement on all the aspects of their divorce, including property division, child custody, child support, and alimony. The parties must submit a written settlement agreement along with the motion, outlining the terms they have agreed upon. If the court finds the settlement fair and reasonable, the judge may grant the summary judgment, finalizing the divorce. 2. Default Motion for Summary Judgment: This type of motion is filed when one of the parties fails to respond to the divorce proceedings or fails to participate altogether. If the petitioner meets the required legal criteria for divorce and properly served the other party with the necessary documents, they can file a motion for summary judgment to move the divorce forward without the non-responsive spouse's active involvement. The court will review the evidence provided by the petitioner and may grant the summary judgment, resulting in a divorce by default. It's important to note that navigating the legal nuances of divorce proceedings can be complex, and it is advisable to consult with an experienced family law attorney in Cary, North Carolina, for guidance on how to file a Motion for Summary Judgment for an Absolute Divorce specific to one's unique circumstances.