Questiona about Summary Judgment

North Carolina Divorce Law Divorce and Separation Answers
1

I have received some papers from her attorney that state that she has filed a motion for a summary Judgment - Absolute divorce. They are asking for a Judgment “… on the grounds that no genuine issue of marital fact regarding her prayer for an absolute divorce, as shown by the pleadings, exists, and she is entitled to a judgement of absolute divorce, as a matter of law.”

The next paper states that the Plaintiff, through the undersigned, will appear SOMETIME during the week of August 24th to seek the summary judgment.

I haven’t been given a date for this hearing, there has been no discovery, they don’t know what my defense is. She is asking for alimony and she has done much to me and this family with her alcoholism, and her abusive behavior. She even went to jail last year for beating up on her 13 year old. DSHS was involved and she wasn’t allowed to see the kids for quite some time.

Now maybe I have done something wrong in my filings, or something… is there more I should file in advance about my position here. Can I send another filing or something? Am i not allowed to be there? If not, how can they present their case to a judge and get a one sided unilateral judgment without hearing me out, or me getting to present my evidence? I have no money, been unemployed, and her parents are funding her whole case and they keep burying me in papers, motions, subpoenas, etc. I am afraind to lose my daughter to an alcoholic mom because I can’t afford to defend myself. I feel they are doing this to try and take advantage of my situation. Any advice will be greatly appreciated!

2

There is no discovery in an action for absolute divorce. If you did not file an answer and all the facts alleged in the complaint pertaining to the divorce (party names, date of marriage, date of separation) are correct and not in dispute the court will grant a divorce by summary judgment, which in some counties means that there is no actual hearing and the judge will enter the judgment during the week stated on the notice of hearing.
There is no defense to divorce, it will be granted so long as the parties have been separated for one year and one day.
Your ex’s claim for alimony is separate from the divorce and will be scheduled at a later date, after discovery has been completed.
I strongly suggest you consult with a layer to ensure you have filed the appropriate answer and counterclaim to her complaint.