North Carolina Divorce by Summary Judgment Form
In North Carolina, the divorce can be handled by the Judge without having to go to a court hearing date. This form may be authorized by the Judge and the divorce process is complete.
- 1 –
STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
DISTRICT COURT DIVISION
COUNTY FILE NO.
vs. ) DIVORCE BY SUMMARY JUDGMENT
THIS ACTION came before the undersigned on the day of ,
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 the day of ,
20 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 , 20 .
3. Plaintiff’s Motion for Summary Judgment and Notice of Hearing were mailed to
the Defendant on the day of , 20 .
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.
– 2 –
5. Plaintiff and Defendant were married to one another on the day of
, 20 .
6. Plaintiff and Defendant separated on the day of ,
20 , and have lived continuously separate and apart without resuming the marital
relationship since the day of , 20 . 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.
Child’s Name Social Security Number
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,
– 3 –
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
CONCLUSIONS OF LAW
1. That this Court has jurisdiction over the subject matter of this action and the
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
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 , 20 .
– 4 –
DISTRICT COURT JUDGE PRESIDING
Agreed and Approved:
– 5 –
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 , 20 .