High Point North Carolina Motion for Summary Judgment for Absolute Divorce

• Category: North Carolina Family Law - Divorce - Summary
• State: North Carolina
• City: High Point
• 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 A motion for summary judgment for absolute divorce is a legal request filed in a High Point, North Carolina court for the purpose of obtaining a divorce without the need for a trial. This summary judgment process allows the court to determine whether there are genuine issues of material fact in dispute that would necessitate a trial, or if the court can grant the divorce based on the information presented in the motion and supporting documents. In the High Point, North Carolina jurisdiction, there are two types of motions for summary judgment for absolute divorce: 1. Uncontested Motion for Summary Judgment for Absolute Divorce: This type of motion is appropriate when both parties involved in the divorce agree on all the relevant issues such as property division, child custody, spousal support, and child support. The motion can be filed jointly by both spouses or by one spouse alone if the other does not contest the divorce. The moving party must provide sufficient evidence and documentation to demonstrate that all marital issues have been settled and that no trial is necessary. 2. Contested Motion for Summary Judgment for Absolute Divorce: In cases where the parties involved cannot come to an agreement on the terms of their divorce, a contested motion for summary judgment can be filed by either spouse. This type of motion is typically accompanied by a more detailed presentation of evidence and legal arguments to persuade the court that there are no genuine issues of material fact in dispute. The court will carefully evaluate the evidence presented by both parties before deciding whether a trial is necessary. In both types of motions, it is crucial to provide relevant evidence, such as financial documents, property records, and any other pertinent information necessary to support the claims made in the motion. Additionally, the moving party must cite legal grounds for the divorce, such as adultery, abandonment, or separation. Overall, a motion for summary judgment for absolute divorce in High Point, North Carolina allows for a quicker and more efficient resolution to the divorce process if both parties can come to an agreement on all the relevant issues. However, if disagreements persist, the case may need to proceed to trial to resolve the contested matters.

A motion for summary judgment for absolute divorce is a legal request filed in a High Point, North Carolina court for the purpose of obtaining a divorce without the need for a trial. This summary judgment process allows the court to determine whether there are genuine issues of material fact in dispute that would necessitate a trial, or if the court can grant the divorce based on the information presented in the motion and supporting documents. In the High Point, North Carolina jurisdiction, there are two types of motions for summary judgment for absolute divorce: 1. Uncontested Motion for Summary Judgment for Absolute Divorce: This type of motion is appropriate when both parties involved in the divorce agree on all the relevant issues such as property division, child custody, spousal support, and child support. The motion can be filed jointly by both spouses or by one spouse alone if the other does not contest the divorce. The moving party must provide sufficient evidence and documentation to demonstrate that all marital issues have been settled and that no trial is necessary. 2. Contested Motion for Summary Judgment for Absolute Divorce: In cases where the parties involved cannot come to an agreement on the terms of their divorce, a contested motion for summary judgment can be filed by either spouse. This type of motion is typically accompanied by a more detailed presentation of evidence and legal arguments to persuade the court that there are no genuine issues of material fact in dispute. The court will carefully evaluate the evidence presented by both parties before deciding whether a trial is necessary. In both types of motions, it is crucial to provide relevant evidence, such as financial documents, property records, and any other pertinent information necessary to support the claims made in the motion. Additionally, the moving party must cite legal grounds for the divorce, such as adultery, abandonment, or separation. Overall, a motion for summary judgment for absolute divorce in High Point, North Carolina allows for a quicker and more efficient resolution to the divorce process if both parties can come to an agreement on all the relevant issues. However, if disagreements persist, the case may need to proceed to trial to resolve the contested matters.