Divorce by Summary Judgment - No Children - North Carolina 2025

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North Carolina law presumes that an equal (50/50) division of marital property is equitable, or fair. However, the law provides for many factors that allow for an unequal distribution of property, in situations where an equal division would not be fair.
Once the summary judgment is granted, the case ends there, and neither party will have to deal with the stresses of a full trial. At times, the winning party can ask for an award of costs or attorney fees from the other party unless those terms were already established in the summary judgment.
In short, yes, you can get divorced without going to court in California if your case is uncontested. An uncontested case means that both parties agree on all significant issues, such as property division, custody, and child support.
Typically speaking, you do not sign divorce papers in North Carolina. You spouse does not need your permission, consent or for you to sign off on paperwork to divorce you. All that has to happen is you being properly served.
A summary judgment action is basically saying to the court that each party has had an opportunity to respond, that there is no dispute as to the material facts supporting the divorce action, and that therefore the moving party should be granted the relief he or she seeks (i.e., the divorce).
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One of the main reasons to file a motion for summary judgment is that its usually quicker and less expensive than going to trial. A summary judgment may be appropriate if your case is relatively straightforward and the facts are undisputed.

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