The Raleigh North Carolina Motion for Summary Judgment for Absolute Divorce is a legal document filed by a party in a divorce case seeking to obtain a judgment from the court without going through a trial. This motion is typically filed when there is no genuine issue of fact and the moving party believes they are entitled to a judgment as a matter of law. In Raleigh, there are generally two types of motions for summary judgment for absolute divorce: one filed by the plaintiff (the spouse initiating the divorce) and one filed by the defendant (the spouse responding to the divorce). The purpose of this motion is to persuade the court that all necessary facts have been presented and that the legal requirements for granting an absolute divorce have been met. It is important to note that absolute divorce is a term used in North Carolina to describe the termination of the marital relationship, rather than a divorce that is subject to ongoing negotiations or disputes. When filing a motion for summary judgment for absolute divorce in Raleigh, certain criteria must be satisfied. These may include proving the residency requirements, providing evidence of one year of separation (which can be proven through affidavits, witness testimony, or other relevant documentation), and ensuring that all marital issues, such as property division and child custody, have been addressed or resolved. Additionally, it is crucial to follow the procedural rules and guidelines set forth by the North Carolina court system when preparing and submitting the motion. These may include properly serving the motion to the other party, attaching required documents, and adhering to specific timelines. By filing a motion for summary judgment for absolute divorce in Raleigh, the moving party aims to expedite the divorce process and avoid a lengthy trial. If the court grants the motion, a judgment of absolute divorce will be entered, and the marriage will be legally dissolved. In conclusion, the Raleigh North Carolina Motion for Summary Judgment for Absolute Divorce is a key document in divorce proceedings. It allows either the plaintiff or the defendant to request a judgment without the need for a trial, provided all necessary legal requirements are met. By understanding the specific criteria and following proper procedures, parties can potentially reach a quicker resolution to their divorce case in Raleigh.