Absolute Divorce Form

DIVORCE BY SUMMARY JUDGMENT

THIS ACTION came before the undersigned on the day of , for hearing on Plaintiff's Motion for Summary Judgment, made pursuant to Rule 56 of the North Carolina Rules of Civil Procedure.

Having reviewed the Motion and the other documents of record, which include Plaintiff's verified Complaint, the Court determines that no genuine issue of material fact remains for trial by jury. Accordingly, the Court finds the following:

FINDINGS OF FACT

1. Plaintiff filed his/her verified Complaint on the day of , and a copy of the verified Complaint and a Civil Summons were served on the .

2. The Defendant accepted service of the Summons and Complaint on the day of , .

3. Plaintiff's Motion for Summary Judgment and Notice of Hearing were mailed to the Defendant on the day of , .

4. Both the Plaintiff and the Defendant are citizens and residents of County, North Carolina and each has been such for more than six months next preceding the institution of this action.

5. Plaintiff and Defendant were married to one another on the day of , .

6. Plaintiff and Defendant separated on the day of , and have lived continuously separate and apart without resuming the marital relationship since the day of , . On the date of separation, at least one of the parties intended that the parties live separate and apart without subsequently resuming the marital relationship.

7. There are minor children of said marriage, whose names and Social Security numbers are listed below.

8. This is an action for an absolute divorce from the Defendant on the grounds of one year's continuous separation as provided by law.

9. All issues regarding custody, visitation and support of the minor children have been resolved in the Separation and Property Settlement Agreement.

10. The Court finds that an equitable distribution of the remaining assets and liabilities of the parties has been made. Specifically, the Parties have entered into a Separation and Property Settlement agreement, the Original of which is attached hereto as Exhibit “A”. The Court finds that the agreement is not unconscionable and sufficiently disposes of all property, debt and other marital issues between the parties and is approved.

11. Wife, requested that her former name of be restored unto her. Her request is not made for any illegal or fraudulent reason.

BASED ON THE FOREGOING FINDINGS OF FACT, THE COURT MAKES THE FOLLOWING:

CONCLUSIONS OF LAW

1. That this Court has jurisdiction over the subject matter of this action and the parties hereto.

2. That the Plaintiff is entitled to an absolute divorce from the Defendant on the grounds of one year's continuous separation.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT:

1. The Plaintiff's Motion for Summary Judgment for absolute divorce be granted.

2. Pursuant to North Carolina General Statute 50-6, the marriage existing between and be dissolved, that and are divorced from the bonds of matrimony.

3. That the Separation and Property Settlement Agreement entered into by and between the parties and attached hereto as Exhibit “A” is incorporated herein by reference and shall have the same force as if stated herein in full;

4. That is hereby restored her maiden name of .

This the day of ,

Agreed and Approved:

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing signed and filed Divorce by Summary Judgment was served on the Defendant by placing a copy in an envelope, properly addressed as follows, and placed in the United States mail, postage prepaid:

This the day of ,