Mark Anthony Cohan’s Answers

Mark Anthony Cohan

Dallas Divorce / Separation Lawyer.

Contributor Level 15
  1. What kind of lawyer prepares wills with guardianship clauses ? Family law practitioner or estate planning practitioner ?

    Answered 5 months ago.

    1. Brian Christopher Tyrone
    2. Mark Anthony Cohan
    3. Joseph Franklin Pippen Jr.
    4. Ellen Daniel Williamson
    5. Jonas Urba
    5 lawyer answers

    I'm going to echo the estate planning attorney recommendation. While your will will contain instructions as to what happens in the event of either (or both) of your passings, these provisions aren't legally effective if a custody case ensues. In my experience, they're good for showing the court your preferences if this does occur.

    13 lawyers agreed with this answer

  2. In Texas, does a marriage dissolve after 3 yrs. of separation?

    Answered about 1 year ago.

    1. Mark Anthony Cohan
    2. M Elizabeth Foley
    3. Matias Jose Rueda
    3 lawyer answers

    No. There is no legal separation in Texas. Either you're married or you're not-- and the only way to not be married is to get divorced. And a divorce is no picnic but it's far from a living hell. I'd recommend calling around to several lawyers and finding one who will take a payment plan.

    10 lawyers agreed with this answer

  3. She's lying and I'm being sued for child support. What do I do??

    Answered 3 months ago.

    1. Mark Anthony Cohan
    2. Adam Kielich
    3. Frederick Edward Davis
    4. Maria Sara Lowry
    4 lawyer answers

    You're going to be on the hook for child support-- whether it's to their grandmother or to their mother. Unless you're the parent with the primary right to designate their residence (you have primary custody) then you have a duty to support them under the law. If she's going through the attorney general, you're going to be in IV-D court. IV-D court hustles you through as fast as possible and isn't the place for a custody fight. You really have two options-- attempt to get primary custody...

    9 lawyers agreed with this answer

  4. Could will stipulate actions (like marrying, turning 30 or searching out a family heirloom) before the beneficiary inherits?

    Answered over 1 year ago.

    1. Mark Anthony Cohan
    2. James P. Frederick
    3. Steven M Zelinger
    4. Sandra Marie Lefler
    4 lawyer answers

    I agree with Attorney Frederick. You can put these in a will, for the most part (however, they can't be overly-restrictive; these vary case by case and there's some litigation on this). The better thing to do is put your property in a trust and give the trustee specific instructions to make distributions when those conditions are met. A trust is when you give property to a third party to be managed and held for someone else's benefit (or your own, if there's a beneficiary after you). These...

    9 lawyers agreed with this answer

  5. Can chat logs and email be produced as evidence in Texas Family Court?

    Answered over 1 year ago.

    1. William Tyler Moore Jr
    2. Mark Anthony Cohan
    3. Eric B. Dick
    3 lawyer answers

    Expanding on Mr. Moore's answer-- yes. You can. However, there are certain sneaky ways you have to get them in because they're hearsay (a statement made out of court you're using to prove your case.) You have to lay a proper evidential foundation for them and if you're not represented by an attorney and the other party is, they're gonna fight like hell to keep them out. I'd strongly recommend hiring an attorney.

    8 lawyers agreed with this answer

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  6. Filed for Divorce, husband threatening to take daughter.

    Answered over 1 year ago.

    1. Mark Anthony Cohan
    2. Bruce Campbell Zivley
    3. Daniel Seth Williams
    3 lawyer answers

    You need to file a motion for temporary orders and/or petition to enforce the Harris County standing orders. If Harris County has standing orders, generally there is a provision that prevents harassing behavior there. A motion for temporary orders will establish some additional orders that he has to abide by, including an arrangement for custody, conservatorship and visitation. These are judicially enforceable orders, which means that if he takes your daughter from you, he can face criminal...

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  7. As part of the divorce in Texas can you change your last name to a NEW last name?

    Answered 10 months ago.

    1. Mark Anthony Cohan
    2. Anneshia Miller Grant
    2 lawyer answers

    Nope. You can only revert it to a name previously used in a divorce. You're going to have to file a formal name change petition to change your name.

    8 lawyers agreed with this answer

  8. The mother of my son will not give me her new home address. I need it to pick up my son on the weekends. I have a decree.

    Answered about 1 year ago.

    1. Mark Anthony Cohan
    2. Andrew Davis Oostdyk
    2 lawyer answers

    If she refuses to give you her home address, you're going to have to track her down and/or file a motion for enforcement. You can file a motion for enforcement of a prior order and the court will either hold her in contempt or fine her based on the failure to give her address and the failure to turn over your son for visitation. These have very, very specific pleading requirements and since attorney's fees are awarded, I'd strongly recommend consulting a local attorney in the matter. Even if...

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  9. Is it best that i have a lawyer for my divorce, i have bench trial

    Answered about 1 year ago.

    1. Mark Anthony Cohan
    2. Karen Tallent Munzer
    3. Peggy Margaret Raddatz
    4. Samuel Kenneth Swenson
    5. Matias Jose Rueda
    5 lawyer answers

    Absolutely. A lawyer is a huge advantage in a bench trial versus a pro se litigant. They know how to present evidence to the judges, what the judges look for and they've been in front of the judges before. The judges know them. In Dallas County, if you show up with a lawyer, you'll have more time and they can help your story be a bit more coherent. Even if you're a single mom struggling, call around. There are some lawyers who will take people on payment plans as low as $100 a month.

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  10. Attorney for uncontested divorce.

    Answered 6 months ago.

    1. James D. Roark
    2. Adam Kielich
    3. Mark Anthony Cohan
    4. Bryan L. Walter
    4 lawyer answers

    1) It's not necessary but it may be a good idea. There's a fine line in remaining ethical in doing an uncontested divorce. That attorney can't tell you if the agreement is fair or what you'd be receive in the Dallas court you're in. 2) Doesn't really matter, what matters is who signs it. 3) Nope. But I'd check it anyway once it's been filed.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

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