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Mark Anthony Cohan

Mark Cohan’s Answers

1,126 total

  • Can I get divorced knowing that the person is in Mexico?

    Not been together for 6 years.....

    Mark’s Answer

    Sure. So long as you've lived in the state of Texas for 6 months, you can get a divorce here. Here's the problem though: you're going to need some some sort of service on him. There are three ways you can do this:

    1) You can personally serve him with a process server. This requires knowing where he is. It's also complicated because of the international service.

    2) You can have him sign the divorce papers; or

    3) If you don't know where he is, you can do a divorce by publication where you publish it in the newspaper. However, if there are kids or appreciable property involved, you need to appoint an ad litem attorney, who will do a diligent search for him.

    The best thing you can do is call around. Find a lawyer you like and can afford.

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  • How to get divorce even if the husband is not in the usa

    Have been separated for 8yrs haven heard anything from him since 2007 he got deported to Mexico Thats all I know I file for a divorce back in 2006 back he didn't wanted to signed the papers later he got deported to Mexico I wanted to to if I can s...

    Mark’s Answer

    You need to file for divorce and serve him by publication. This is complicated-- you need affidavits of diligent search, soldier's and sailor's affidavits, to run publication in a newspaper in the proscribed form, and since you have a child together, you need to have an attorney ad litem appointed.

    Call around. Find someone you like and can afford. You can definitely get divorced but you have some hoops to jump through.

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  • I am looking for a flat fee divorce attorney for a divorce and child custody case in Dallas County.

    I am looking for a flat fee divorce attorney for a divorce and child custody case in Dallas County.Was working with an hourly rate attorney since 18 months. Need a flat fee attorney now to represent me in my next trail due end of next month.

    Mark’s Answer

    There are a lot of attorneys that do these. What you want to do is call around and find someone you like and can afford. If one office won't do it, ask for a referral to one who will.

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  • Is it more expensive for me, if my husband is not agreeing to the divorce?

    We've been married for six years. We have two kids and own a house together. A lot has happened through out the years that have leaded to this decision on my part. He says that he will not sign the divorce papers. I need to know that it is still p...

    Mark’s Answer

    • Selected as best answer

    It is. Without your husband agreeing right off the bat to a property distribution and custody arrangement, you're going to have to drag him kicking and screaming through it. Here's what you can expect in a contested divorce:

    1) You need to serve him, which is an extra fee;
    2) You're going to need some temporary orders. Temporary orders tell you what to do while the divorce is pending. Contested divorces take anywhere from 6 months to 2 years, depending on how nasty it gets. Temporary orders tell you who lives where, who gets the kids when, and how much child support gets paid;
    3) You may need some discovery to tell you various account balances. Discovery tells you who has what and what those balances are;
    4) Mediation is an issue in most cases. Most cases nowadays are sent to mediation to see if they can be settled before a bench trial;
    5) Trial, if necessary; and
    6) A final order.

    An agreed divorce generally only involves steps 1 and 6.

    Costs can be anywhere from $500 (filing and service fee) to thousands of dollars. The best thing you can do is call around. Find someone you like and can afford.

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  • Temporary order of my divorce decree

    My ex had her lawyer email me a temporary order of our divorce decree. i have no lawyer so I am reading the paper work myself. The Lawyer is trying to bully me into signing the forms when i havent gone through all of them. How long do i have to si...

    Mark’s Answer

    It depends if a judge has rendered a ruling. Have you gone to a hearing?

    For temporary orders, most attorneys submit what is called a "ten day" letter. The judge rendered a ruling, here's the order the attorney drew up, you have 10 days to file an objection. If no objection is filed in ten days, the judge signs the order.

    For a final order after a hearing, an attorney needs to file a motion to enter or have the signatures agreeing to the form of the order. Keep in mind that if you just don't like the ruling and the motion to enter is just because you're being obstinate, fees could be awarded against you.

    If there hasn't been a hearing and they're just trying to make an agreement, you can do what you want.

    You really, really want to get an attorney if the other side has one. Call around. Find someone you like and can afford.

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  • First right of refusal in visitation

    How is first right of refusal used and is it likely I could be granted this? How would I ask for it?

    Mark’s Answer

    Without limitations, Judges tend to disfavor these because they end up with a lot of enforcement litigation should the parties begin to fight. "He left our son with a babysitter rather than call me to watch him" or "She let her aunt watch our daughter while she went to the store" are violations of an unlimited first refusal order.

    Generally, you're not going to see these granted unless they're given in a mediated settlement agreement. There's too much back and forth for a child and too much of a potential hassle in the future.

    If you don't have a lawyer already, call around. They can answer your questions and ideally give you an idea of what to expect and what you could get in custody litigation.

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  • How do I file temporary orders by myself

    My ex hasn't let me see my children in over 14 weeks. We haven't gone to court at all yet for the divorce and custody orders yet so there aren't any temporary orders established. I have to file. Now, I've downloaded a layout but it has a spot for ...

    Mark’s Answer

    Mr. White is correct if that temporary motion has an order to appear in it. However, we don't normally do that in a case where the other litigant's already answered. Most times, the clerk's signature will suffice (so long as you actually set the hearing).

    The actual sequence goes like this: You draft your motion up, detailing exactly what you want to say and what relief you're asking the judge to grant. You file your motion. You set your hearing with the clerk and fill out your notice of hearing with the date. Then you have to send your letter certified, return receipt requested to the other side.

    In doing these things, you're held to the same standard as an attorney. I'd really, really recommend consulting an attorney to represent you. Fourteen weeks without seeing your kids is too much. Find someone you like and can afford.

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  • Why haven't I got a court date yet?

    My husband filed on September 22nd 2014 and we still haven't gone to court. Judge hasn't even set any temporary orders and my ex hasn't let me see my children in 13 weeks. What can I do?

    Mark’s Answer

    You need to file a motion for temporary orders, serve your husband with it, and set a hearing and give him notice of that hearing.

    Being pro se in litigation is tough because you don't know the process or the procedure-- and there are a lot of hoops to jump through and you're held to the same standard as an attorney is.

    The best thing you can do is call around. Find a family law lawyer you like and can afford.

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  • Does my kids father still have parental right's or the ability to set/enforce visitation?

    I have a 2 year old and a one year old son by the same father. He has been seeing them pretty often but with no set schedule, and we have never been to court regarding the children. we recently split and now he wants to take my two year old away a...

    Mark’s Answer

    You need to file a custody suit. The best thing you can do is have court orders explaining to each of you what your rights to the children are. It's very unlikely that a court will split the children, especially when it's a two year old and a one year old.

    If he doesn't have his own place or a real job, it's unlikely your children would be safe staying with him for that long.

    You've got a couple options:

    1) You can file through the attorney general's office. They do things for free. However, it's a slow process and you don't really get your story heard by a judge.

    2) You can draft a petition, serve him, go in front of the judge, request the orders, draft the orders, have them signed, and then proceed through final trial; or

    3) You can call around. Find a lawyer you like and can afford and who does this for a living. They'll walk you through the process and let you know what your options reasonably look like.

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  • I found online a signed notarized waiver supposedly signed by me for divorce. What should I do?

    My husband and I have been separated for 15 months. Had not to my knowledge filed for divorce. Not been served etc. I just happen to look online and it was filed 6 months ago and there is a signed notarized waiver on record dated 2 weeks ago. But ...

    Mark’s Answer

    If you can access that waiver and it's indeed your name, file a revocation immediately. If you file a revocation of waiver of service (and likely entry of appearance), the judge will not enter a divorce decree affecting your divorce without your consent.

    This is serious business. Talk to an attorney before he can get a decree in, otherwise things will get more complicated.

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