Judgement for Absolute Divorce Before the Clerk or ? HELP!

North Carolina Divorce Law Divorce and Separation Answers
1

The required 40 days will have concluded on Feb. 3, (process by Publication) and there was no response.
I have the publishers affidavit that I will file along with my own.

My question is:

  1. since there was no response:
    will there be a hearing set and\or do I file the affidavits and the form “Judgement for Absolute Divorce Before the Clerk” or “Judgment” or both.
  2. If there is a hearing date:
    Do I still need to send a copy of the hearing date to last known address even though the ad ran in the paper with no response.

When I originally filed I was not given a court date but was told they would send info in the mail once the sheriff served. Sheriff was unable to serve but I never received anything in the mail. I wonder if after filing an alias & pluries and publishing…do I now need to file a form that I am unaware of to request a court date or if “absolute divorce” is approved by default once I file the affidavit by publisher. If this is the case I need to know which forms I proceed with. I have had much opposition by the clerk when asking about proceedure information and am desperate to know exactly what next as I am so close to finishing this. Thanks for your attention

2

Once you have filed the publisher’s affidavit you will need to file a motion for summary judgment. The court will then give you a date, and depending on the county you reside you will either need to submit a judgment you have prepared for the judge to sign when you get the date, or you will have to attend the hearing on the specified date and present the judgment for the judge to sign.

3

Thanks so much for the speedy reply.
I have been unable to find the form “Motion for Summary Judgment”. Is there a # for this form so that I can search and download online? I noticed a form called “Motion Coversheet”, is this a form that I need to also fill out and\or is it in fact THE FORM I need. If so how do I fill it out…one of the check-mark boxes specify
“Initial Appearance in Case” and do I ckeck this box?
Thanks for your attention
javagirl