Loading...
HomeMy WebLinkAbout2169 s ~ i ~ - ' ~ STATE OF KORTH CAROLINA Ih TNS~GENERAL COURT OF JUSTICE _ DISTRICT COURT DIVISIO~i COU\TY OF BU1~CO~~E FILE r0. 7b CVD 1857 ~ ~ ~ 3yo ~,1~* ~ J1~1 i~ CARRY 0. BIGGBRS, JR., ) YEAR ~ J Plaintiff ) , ) vs. ) JUDGi?IENT OF ABSOLUTE DIVORCE - DOaNA F. BIGGERS, ) Defendant ) This cause coming on to be heard and being heard during the ° I = M O ~'c Session of District Court for Buncombe County, North Carolina, before the undersigned Judge Presiding, the Court mattes the following Findings of Fact: 1. This action for Absolute Divorce based on one Year's separation Was instituted on the 16th day of September, 1976. 2. The Defendant has been served with a copy of the Sum;aons and Complaint and has filed Answer admitting all factual allegations, and joins in the Plaintiff's prayer for Absolute Divorce. 3. The Plaintiff and Defendant were married on the I9th day of August, 1966, and there was one (1) child born of this marriage, to-wit: Sherry Lynne Biggers, age seven (7) years. 4. The Plaintiff separated from the Defendant on the 26th day of October, 1974, and they have lived continuously separate and apart since that day. 5. The Plaintiff has been a resident of the State of north Carolina for more than six months-next preceding--the institution. of this action. 6. The Plaintiff and Defendant entered into a wriCten Property Settlement Agreement an the 15th day of September, 1976, with said agree- ment resolving the rights and obligations arising from the marital relationship between the Plaintiff and Defendant, and providing for the division of property between the Plaintiff and Defendant. Both the Plaintif and Defendant have agreed in said property settlement agreement that it ~.roul be in the-best interest of the minor child, Sherry Lynne Biggers, that the primary custody of said minor-child should be with the Defendant, subject to the agreement of the parties. - 7. The Plaintiff and Defendant have agreed that the CourC may incorporate said Property Settlement Agreement by reference into a Judgment of Divorce and that the provisions of said agreement are just and fair to both parties. 8. The Plaintiff is an able-bodied Haan, regularly employed, and capable of providing support for the minor child born of this marriage, according to said Property Settle~?ent Agreement in the au~ount of TWE~'TY Ab'D r0/100 DOLTARS ($20.00) per week. Both the Plaintiff and Defendant agree that the Plaintif£ shall make said child support payments monthly through the Clerk of Court of Buncombe County, North Carolina, and that these passe shall be sent to the Defendant at her address in St. Lucie County, Florida, by the Clerk of Court of St. Lucie County, Florida. THEREFORE, IT IS ORDERED, ADJUDGED and DECREED as follows: 1. The Plaintiff is hereby granted a Judgment of Absolute Divorce from the Defendant pursuant to N.C.G.S. 50-b. - -1- ~ True Co Ay,' c~ f~t~ BOOK J~5 ~~E~1.5~ ct`~S s~,P~a,~