Wake North Carolina Motion for Summary Judgment for Absolute Divorce

• Category: North Carolina Family Law - Divorce - Summary
• State: North Carolina
• County: Wake
• 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 in Wake, North Carolina is a legal proceeding used to seek a court order granting a divorce without the need for a trial. This motion asks the court to make a decision based on the evidence presented in the case, without any disputed facts that require further litigation. In Wake, North Carolina, there are different types of Motions for Summary Judgment for Absolute Divorce that can be filed depending on the specific circumstances of the case. These may include: 1. Uncontested Summary Judgment: If both spouses agree on all aspects of the divorce, including division of assets, child custody, and support, they can jointly file an Uncontested Summary Judgment. This motion is typically submitted along with a Separation Agreement outlining all the agreed-upon terms. 2. Default Summary Judgment: If one spouse fails to respond to the divorce petition or fails to appear in court, the other spouse may file a Default Summary Judgment. This motion requests the court to grant a divorce based on the spouse's failure to participate in the case. 3. Abandonment Summary Judgment: When one spouse has abandoned the other, leaving without any valid reason for at least one year, the abandoned spouse can file an Abandonment Summary Judgment. This motion seeks a divorce based on the grounds of abandonment. 4. Adultery Summary Judgment: If one spouse can prove that the other spouse committed adultery during the marriage, they can file an Adultery Summary Judgment. This motion requests the court to grant a divorce based on the grounds of adultery. When filing a Motion for Summary Judgment for Absolute Divorce in Wake, North Carolina, it is essential to include relevant supporting documents, such as financial statements, evidence of abandonment or adultery, and any relevant agreements. It is advisable to consult with an experienced family law attorney familiar with Wake County's specific requirements to ensure the motion is properly prepared and filed.

A Motion for Summary Judgment for Absolute Divorce in Wake, North Carolina is a legal proceeding used to seek a court order granting a divorce without the need for a trial. This motion asks the court to make a decision based on the evidence presented in the case, without any disputed facts that require further litigation. In Wake, North Carolina, there are different types of Motions for Summary Judgment for Absolute Divorce that can be filed depending on the specific circumstances of the case. These may include: 1. Uncontested Summary Judgment: If both spouses agree on all aspects of the divorce, including division of assets, child custody, and support, they can jointly file an Uncontested Summary Judgment. This motion is typically submitted along with a Separation Agreement outlining all the agreed-upon terms. 2. Default Summary Judgment: If one spouse fails to respond to the divorce petition or fails to appear in court, the other spouse may file a Default Summary Judgment. This motion requests the court to grant a divorce based on the spouse's failure to participate in the case. 3. Abandonment Summary Judgment: When one spouse has abandoned the other, leaving without any valid reason for at least one year, the abandoned spouse can file an Abandonment Summary Judgment. This motion seeks a divorce based on the grounds of abandonment. 4. Adultery Summary Judgment: If one spouse can prove that the other spouse committed adultery during the marriage, they can file an Adultery Summary Judgment. This motion requests the court to grant a divorce based on the grounds of adultery. When filing a Motion for Summary Judgment for Absolute Divorce in Wake, North Carolina, it is essential to include relevant supporting documents, such as financial statements, evidence of abandonment or adultery, and any relevant agreements. It is advisable to consult with an experienced family law attorney familiar with Wake County's specific requirements to ensure the motion is properly prepared and filed.