Aurora McCreary’s Answers
96 total
What is the legal wait time for the court to grant one if one spouse doesn’t want one?
Aurora’s Answer
There is no set time to obtain a divorce. A petition is filed and it needs to be served on the other party. Once the party has been served with the paper work, they have 20 days to respond to the Petition. If they do not respond, there are options moving forward to obtain the divorce without their participation such as a default. I would suggest you contact an attorney to discuss your options.
See questionMy husband walked out after 28 years. Is he responsible for helping me with any of the bills he previously paid?
Aurora’s Answer
This is a difficult questions to answer due to the need to know all of the facts related to assets, debts, income, and liability. I would suggest you contact an attorney to discuss your options.
See questionHow can I find out if someone is divorce ?
Aurora’s Answer
Many times, family law cases are public record or can be requested. You can look up the civil dockets to review the cases available.
See questionMe and my ex husband want to be married again what legal steps do we take?
Aurora’s Answer
Depending on your jurisdiction, the laws may be different. In Florida, parties are able to get remarried whenever they want and generally the parenting plan and child support no longer applies moving forward. Depending on specific situations such as dependency court, termination of rights, or injunctions, you may need to address these before getting married. You should contact an attorney to discuss your options.
See questionCan I get funds from a divorce agreement that was never paid
Aurora’s Answer
Portions of a Marital Settlement Agreement can be enforced through multiple actions including contempt of court. There may be sections of the Agreement or caselaw itself which can provide relief such as garnishment or levies. You should contact an attorney to discuss your options.
See questionWhat can I do to schedule a sooner hearing date?
Aurora’s Answer
Scheduling is often done based on the Judge's availability and the parties' availability. Parties can seek earlier hearings should they qualify for it on an emergency or expedited basis, but it is all fact based. You may want to hire an attorney in order to move your case forward efficiently.
See questionWhat legal grounds does my mother have against her abuser?
Aurora’s Answer
If there is ever violence between partners, an individual can file for an Domestic Violence Injunction to protect themself. Often, the residence and who will reside there will be part of the order and hearing. In regards to payment for unpaid work, that would be a civil suit for contract.
See questionDCF visit
Aurora’s Answer
DCF is called when there are allegations of harm or neglect relating to a child. They will do an independent investigation and make findings and recommendations. Your boyfriend may want to contact an attorney to see if there can be an agreement regarding parenting plan and best interest of the child.
See questionSummary judgment?
Aurora’s Answer
If you review the Summons, it discusses that you have an option to file for a Clerk's Default if a responsive pleading is not filed timely. Generally, most people push forward attempting to get a Final Hearing for Judicial Default. Depending on the type of case and the issues at hand, they may require additional pleadings and/or a trial.
See questionWhat can I file through the courts when my estranged spouse is revengefully removing his name off home rental lease?
Aurora’s Answer
It sounds to me like there are a lot of details missing. Is there a divorce filed? (If so then the Adminsitrative Standing Order will explain the rules regarding bills/insurance etc.) Is there an injunction filed? (you can get relief temporarily through the injunction court as well) Did he actually adopt the children? (If not then he is not legally bound to support them). You should contact a Family Law attorney to discuss your options and his obligations.
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