Since 1991 the divorce statute for the state of North Carolina has explicitly acknowledged that the court may enter judgment either upon nontestimonial, verified evidence pursuant to Rule 56 (summary judgment) or upon a plaintiff’s appearance and giving in-person testimony at court proving the allegations of the complaint.
Even though the defendant may have filed an answer admitting all of the allegations, the plaintiff must still prove to the court, by one of the two stated methods, that he or she is entitled to an absolute divorce. In North Carolina, if your attorney uses summary judgment, you yourself do not have to go to court for the divorce hearing. Only your attorney appears; and your attorney gets the divorce for you.
The trial court procedure for obtaining an absolute divorce varies slightly from county to county. Many counties set a specific day of each week or month for the hearing of uncontested divorces. Different judges have their own rules for conducting these hearings. Check with local counsel to be certain that you understand the local customs.
If you are located in Wake County or a surrounding county, you can contact us or call (919) 787-6668 to assist you with your divorce. If you are located elsewhere in North Carolina or do not want to involve attorneys in your divorce, the state offers a North Carolina Divorce Packet that is a great place to get started.
Lee is the founder of Rosen Law Firm and, while retired, still lives on through this website, a huge repository of information to help educate people about family law. It demystifies the divorce process, sharing the secrets and information that other lawyers normally try to keep hidden. Today, this website contains a vast assortment of webinars, legal forms, statutes, Q&As with lawyers, audio and video courses, articles, and lots more.
