Divorce In The Black Summary

• Category: North Carolina Family Law - Divorce - Summary
• State: North Carolina
• City: Wilmington
• 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 In Wilmington, North Carolina, a Motion for Summary Judgment for Absolute Divorce is a legal process used to expedite the divorce proceedings by requesting the court to make a final ruling based on the presented evidence without the need for a trial. This motion can save significant amounts of time and money for both parties involved in a divorce case. The Motion for Summary Judgment for Absolute Divorce is typically filed by one of the spouses or their attorney and requires the following elements to be met: 1. Grounds for divorce: In North Carolina, there are specific grounds for divorce, including living separate and apart for at least one year without reconciliation. The motion must demonstrate that the grounds for divorce have been fulfilled. 2. Detailed evidence: The motion needs to provide comprehensive evidence supporting the grounds for divorce. This can include documentation such as bank statements, property records, witness testimonies, or any other evidence that proves the separation and lack of reconciliation. 3. Affidavits: Both parties may need to provide sworn affidavits stating that they have been living separately and apart for a specified period, usually one year. It's important to note that while a Motion for Summary Judgment for Absolute Divorce can be a quicker path to finalizing the divorce, it may not be suitable for all cases. If there are contested issues such as child custody, property division, or alimony, a trial may be necessary to resolve these matters. Different types of Motions for Summary Judgment for Absolute Divorce in Wilmington, North Carolina can include: 1. Motion for Summary Judgment based on the one-year separation: This is the most common type of motion filed and is based on both spouses living separate and apart for one year without reconciling. It requires the grounds for divorce to be established and supported by evidence. 2. Motion for Summary Judgment due to incurable insanity: In cases where one spouse has been declared legally insane and has been institutionalized for at least three years, the court may grant a divorce based on incurable insanity. This motion requires medical records and other evidence supporting the spouse's mental condition. 3. Motion for Summary Judgment for Default Divorce: If one spouse fails to respond to the divorce petition within the given time frame, the other spouse may file a motion to request a summary judgment for default divorce. This motion requires providing evidence of proper notification of the divorce proceedings. In conclusion, a Wilmington, North Carolina Motion for Summary Judgment for Absolute Divorce is a legal process aimed at expediting divorce proceedings by seeking a final ruling based on evidence without the need for a trial. Different types of motions may apply, such as those based on one-year separation, incurable insanity, or default divorce. It is crucial to consult with an experienced family law attorney to determine the most appropriate approach for your specific divorce case.

In Wilmington, North Carolina, a Motion for Summary Judgment for Absolute Divorce is a legal process used to expedite the divorce proceedings by requesting the court to make a final ruling based on the presented evidence without the need for a trial. This motion can save significant amounts of time and money for both parties involved in a divorce case. The Motion for Summary Judgment for Absolute Divorce is typically filed by one of the spouses or their attorney and requires the following elements to be met: 1. Grounds for divorce: In North Carolina, there are specific grounds for divorce, including living separate and apart for at least one year without reconciliation. The motion must demonstrate that the grounds for divorce have been fulfilled. 2. Detailed evidence: The motion needs to provide comprehensive evidence supporting the grounds for divorce. This can include documentation such as bank statements, property records, witness testimonies, or any other evidence that proves the separation and lack of reconciliation. 3. Affidavits: Both parties may need to provide sworn affidavits stating that they have been living separately and apart for a specified period, usually one year. It's important to note that while a Motion for Summary Judgment for Absolute Divorce can be a quicker path to finalizing the divorce, it may not be suitable for all cases. If there are contested issues such as child custody, property division, or alimony, a trial may be necessary to resolve these matters. Different types of Motions for Summary Judgment for Absolute Divorce in Wilmington, North Carolina can include: 1. Motion for Summary Judgment based on the one-year separation: This is the most common type of motion filed and is based on both spouses living separate and apart for one year without reconciling. It requires the grounds for divorce to be established and supported by evidence. 2. Motion for Summary Judgment due to incurable insanity: In cases where one spouse has been declared legally insane and has been institutionalized for at least three years, the court may grant a divorce based on incurable insanity. This motion requires medical records and other evidence supporting the spouse's mental condition. 3. Motion for Summary Judgment for Default Divorce: If one spouse fails to respond to the divorce petition within the given time frame, the other spouse may file a motion to request a summary judgment for default divorce. This motion requires providing evidence of proper notification of the divorce proceedings. In conclusion, a Wilmington, North Carolina Motion for Summary Judgment for Absolute Divorce is a legal process aimed at expediting divorce proceedings by seeking a final ruling based on evidence without the need for a trial. Different types of motions may apply, such as those based on one-year separation, incurable insanity, or default divorce. It is crucial to consult with an experienced family law attorney to determine the most appropriate approach for your specific divorce case.