This section contains the nature of the case and procedural background.

H and W separated on September 1, 1974, and the complaint for divorce was filed on March 3, 1976. H was personally served with the summons and complaint. A default was entered by the Clerk of the Superior Court on May 5, 1976. W then filed a motion seeking summary judgment for the following: (a) dissolving the marriage; (b) incorporating a property settlement and support agreement entered into by the parties on April 12, 1976, and (c) permitting the plaintiff to resume her maiden name. The trial court agreed to hear the motion as one of entry of final judgment by default based on affidavits alone.

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