Fill and Sign the Divorce by Summary Judgment No Children North Carolina Form

STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION _______________ COUNTY FILE NO. __________ ) _________________________ ) Plaintiff, ) ) vs. ) DIVORCE BY SUMMARY JUDGMENT ) _________________________ , ) Defendant. ) ) THIS ACTION came before the undersigned on _______________ , 20 ______ , 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 _______________ , 20 ______ and a copy of the verified Complaint and a Civil Summons were served on the Defendant. 2. The Defendant accepted service of the Summons and Complaint on _______________ , 20 ______ . 3. The Defendant has not yet filed a response to the Plaintiff’s Complaint. 4. Plaintiff’s Motion for Summary Judgment and Notice of Hearing were mailed to the Defendant on _______________ , 20 ______ . 5. The Plaintiff is a citizen and resident of ____________________ County, - 1 - North Carolina and has been such for more than six months next preceding the institution of this action. The Defendant is a resident of ____________________ County, ____________________ . 6. Plaintiff and Defendant were married to one another on _______________ , _________ . 7. Plaintiff and Defendant separated on _______________ , _________ , and have lived continuously separate and apart without resuming the marital relationship since _______________ , _________ . 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. 8. There were no children born of the marriage of the Plaintiff and Defendant. 9. This is an action for an absolute divorce from the Defendant on the grounds of one year’s continuous separation as provided by law. 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: The Plaintiff’s Motion for Summary Judgment for absolute divorce be granted. IT IS FURTHER ORDERED THAT: Pursuant to North Carolina General Statute 50-6, the marriage existing between - 2 - _________________________ and _________________________ be dissolved, that _________________________ and _________________________ are divorced from the bonds of matrimony. This ______ day of _________________________ , 20 ______ . _______________________________________ DISTRICT COURT JUDGE PRESIDING Agreed and Approved: ___________________________ Plaintiff ___________________________ Defendant - 3 - 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 ______ day of _________________________ , 20 ______ . . _______________________________________ Signature Plaintiff: _____________________________________ - 4 -