Summary judgement question

North Carolina Divorce Law Divorce and Separation Answers
1

In my divorce complaint, it states:

"Wherefore plaintiff prays the Court as follows:

  1. The plaintiff be granted an absolute divorce.
  2. The court accpet htis verified complaint as an affidavit for the purpose of granting Summary Judgment, if Summary Judgment is requested or for Entry of Default and Default Judgment before the Clerk of Court if appropriate.
  3. For such other relief as to which plaintiff may be entitled and plaintiff’s counsel be allowed ot withdraw upon entry of judgment.
    This __ day of__2010."

What do #s 2 and 3 mean?

2

You cannot ask for Summary Judgment in a Complaint. A motion for Summary Judgment is a motion to enter the divorce on the basis that the facts are not contested. This cannot be know until the time for filing an Answer is expired.

#3 is standard and removes the attorney’s association from the file.