Motion for Summary Judgment/Judgment


#1

What is the difference in a Motion for Summary Judgment and a Judgment? Do you have to file a Motion for Summary Judgment in a divorce. I thought you filed the complaint obtained service, filed the affidavit of service by certified mail, did a calendar request and notice of hearing and prepared a judgment for the judge to sign. What is the purpose of a motion for summary judgment?


#2

A motion for Summary Judgment is a petition asking the court to grant a judgment as a matter of law, meaning no facts are disputed and you are entitled to judgment based on the allegations in the pleadings alone. If you have filed for divorce and your spouse has not filed an answer within 30 days of being served, or if they have filed an answer admitting the allegations in the complaint you should file a motion for summary judgment to obtain your divorce judgment since no facts are disputed.
You can schedule a hearing date as you have described and the divorce will be granted at a hearing. The difference is that if you schedule a hearing for divorce, you will be sworn in and testify to the facts alleged in your complaint. If you proceed with a motion for summary judgment you will simply show up to court and present the judgment you prepared to the judge without having to testify.