Wednesday, October 17, 2012

Q&A: Where do I file a motion for a stay of court proceedings in florida?

Question by irina p: Where do I file a motion for a stay of court proceedings in florida? It's about my mother's divorce proceedings. Her husband tried to divorce her quickly while she was in the hospital but she found out and demanded a court hearing because her husband took off with all her belongings and leaving her a huge debt. So, they had a mediation hearing and it was agreed betweenthem that he would pay her back in alimony. Well, when she rreceivedpapers from mediator to sign it stated that she was the one who was going to pay him an alimony. Mediator said it was a mistake. However, after they fixed an error husband refused to sign it. Well, in the meantime, my mom found out that he recently got married with another woman so it explained why did he wanted to get divorce with my mom so urgently. Mom just filed a motion for a stay on court proceedings based on her discovery of him being a bigamist. The Judicial Assistant returned her motion stating that she filed it wrong. Mom doesn't have an attorney neither does her husband. She needs help. Any suggestions what to do? Husband filed in Florida but we are in PA. Thanks. Best answer:

Answer by raichasays
Husband filed in Florida and that is the court handling the mediation procedures? If so, your mother has apparently consented to jurisdiction in Florida by participating so far. Any further action on the case happens there. But why does she want a motion for a stay of proceedings? To file for a stay, she has to have a good reason. Finding out that he is a bigamist is good evidence to get divorced, not to stop it. Seems to me she would want to resolve this and be divorced from this jerk. In my opinion, she figure out exactly what she wants from him (property, alimony, etc.) and file the paperwork in Florida to get a hearing to decide that.

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