In the intricate journey toward finalizing a divorce, the Judgment Absolute Divorce form emerges as a crucial step for those navigating this process in the State of North Carolina. This document not only symbolizes the legal culmination of a marriage but outlines the necessary legal findings and orders required to dissolve the union officially. Crafted to cater to instances where the plaintiff has successfully verified all requisite facts within their complaint, demonstrated proof of service regarding the summons and complaint, and, if necessary, notice of hearing, this form embodies the legal framework for granting an absolute divorce. Moreover, it delineates clear guidelines for the clerk on when such judgment should be entered, underscoring the importance of a properly verified complaint and the establishment of fundamental facts, such as appropriate service of the summons, acknowledgment of the defendant's status concerning appearance, and the confirmation of residency requirements. It also ventures into specific conditions surrounding the separation of the parties, including the duration and intent behind such separation, and addresses the potential desire of a party to return to their former name. This form, thus, stands as a testament to the legal procedure that ensures that parties meet all necessary criteria for an absolute divorce, reflecting the intricate legal landscape that surrounds the dissolution of marriage in North Carolina.
| Question | Answer |
|---|---|
| Form Name | Judgment Absolute Divorce Form |
| Form Length | 1 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 15 sec |
| Other names | nc aoc waiver of extradition form, aoc cv 710 form, 710 aoc cv, nc courts form aoc cv 710 |
STATE OF NORTH CAROLINA
County
File No.
In The General Court Of Justice
District Court Division
Name Of Plaintiff
VERSUS
Name Of Defendant
JUDGMENT FOR
ABSOLUTE DIVORCE
BEFORE THE CLERK
G.S.
NOTE TO CLERK: This form is drafted for granting absolute divorce when plaintiff's verified complaint alleges all of the required facts and the plaintiff proves service of the summons and complaint, and notice of hearing, if required. If plaintiff's complaint is not verified or if the complaint does not allege all of the facts necessary, the clerk should not enter a judgment.
FINDINGS
This case was heard by the undersigned Clerk of Superior Court upon the Plaintiff's complaint for an Absolute Divorce. From the verified complaint and other evidence presented the Court finds the following facts:
1.The defendant was properly served with the Summons and Complaint in this action as provided by the Rules of Civil Procedure.
2.The defendant
a. failed to make an appearance.
b. admitted all of the plaintiff's allegations in the answer. c. filed a written waiver of the right to answer.
3. The defendant is not an infant or incompetent.
4.
a. The defendant was served with notice of this hearing as required by the Rules of Civil Procedure.
b. The defendant was not served with notice of this hearing because |
defendant failed to make an appearance. |
defendant filed a written waiver of the right to receive notice of any hearings.
5. |
The |
plaintiff |
defendant is a resident of |
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County, North Carolina and has |
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been a resident of the State of North Carolina for more than six (6) months immediately preceding the commencement of this |
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action. |
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6. |
The plaintiff and defendant were married on or about (give date) |
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7. |
On the date this complaint was filed the parties had lived separate and apart for more than one year; that at the time of |
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separation the |
plaintiff |
defendant had the intent to remain continuously separate and apart from the |
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defendant |
plaintiff; |
and the parties have lived continuously separate and apart since their separation without |
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resuming the marital relationship. |
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8. |
The plaintiff has requested to use the plaintiff's former name of (give name) |
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9.(Complete this block if there are minor child(ren) of the parties.) The social security numbers of the plaintiff and defendant are set out below
Plaintiff's Social Security Number
Defendant's Social Security Number
CONCLUSIONS
Based upon the foregoing findings of fact, the Court concludes as a matter of law that it has jurisdiction over the subject matter and the parties and that the plaintiff is entitled to an Absolute Divorce based on one year's separation.
ORDER
Therefore, it is ordered that:
1.The bonds of matrimony which have existed between the parties are dissolved and the plaintiff is granted an Absolute Divorce from the defendant.
2. The plaintiff is allowed to resume the plaintiff's former name set forth above.
Date
Signature
Assistant CSC
Clerk Of Superior Court
© 2004 Administrative Office of the Courts