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Jerome Neal Stein

Jerome Stein’s Answers

10 total

  • Can I change my name to Dennie legally?

    My legal first name is Denise...my parents always called me Dennie. I always go by Dennie,,,

    Jerome’s Answer

    • Selected as best answer

    Absolutely! The only reason you could not would be if you were a felon or were doing so to avoid creditors. We file a Court action called an Application for Name change. You are fingerprinted tand your prints are run through the Department of Public SAfety. Then we prepare an order, and go to Court to finalize it!

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  • Can my wife take our baby and move without my permission? Her sisters told her she can.

    My wife said she is going back to Indiana to visit her family. We are in Texas. I found out today that she may be planning on not returning and her sisters have been egging her on. They bought her plane ticket. I work and support our child. She re...

    Jerome’s Answer

    The answer is right now , yes she can, without a Court order to the contrary. So you need to talk to her directly about her plans. IF she is vague or tells you that she is not coming back, then it may be time to take action. IT sounds like this is just the most recent problem. IT also sounds like she has a family attempting to convince her to leave.

    You could file for divorce or a sit affecting parent child relationship, just attempting to keep your child here, or to get custody. Evenif she moves to Indiana, Texas retains jurisdiction over your child for six months, so any filings would have to be here. The trick is getting her back, even after you have a Court order. She might resist, and try to tell the Court she has no family support her. On top of that you have the problem that she lacks the funds to pay for return travel to Texas. Our policy in Texas is to have children is to make sure that there is frequent contact with both parents , as that is in a child's best interest.

    Many counties in Texas have standing orders which go into effect as soon as you file a family law case that say you can not remove a child from the home in which he or she lives, and the school or daycare in which the child is enrolled. In other counties you have to ask the Court for a restraining order which is turned into an injunction after a hearing to keep the other parent here. If you think that there is a likelihood that mom is going to leave, and not return, seel counsel in your area before she takes off.

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  • Can I file a motion for perjury in a family court case?

    My ex is constantly lying when we go to court. Stating that I am ignoring calls requesting that she see the children, stating that she showed up and I would not allow her to take them, and that she has not seen them at all. I have proof that she i...

    Jerome’s Answer

    Sad to say,people lie in Court all the time. If you prove your case with all this collateral information, the Judge will understand.

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  • Uncontested divorce

    once my wife has signed, notorized and submitted the waiver of service in our divorce case can she now hire a lawyer and contest the case? Meaning she wants to now go against the agreed to terms.

    Jerome’s Answer

    The short answer is yes. Although it is frustrating, I am sure, there is not yet any order made a part of the Court's record. Now if the 60 day waiting period has passed, and you have already gone to Court and had the Order signed by the Judge, then you have a different story.

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  • If i file for a legal seperation will my wife be entitled to anything I gain after I file?

    I have a friend who has been seperated for three years, and now is getting ready to divorce, but is considering a legal seperation first. His ex wife works and is self sufficient. My friend is considering starting a new business, but does not want...

    Jerome’s Answer

    In Texas, there is no concept know as"legal separation." So, if they live apart spouses have no special status. The simple answer to the question is that property is divided as of the date a divorce is granted. There are subtleties involved when it comes to a business, because there may or may not be value to that business. Your friend would be wise to consult a lawyer who practices family law.

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  • What happens if you were never served with the divorce papers?

    If they attempted to serve me, but I was at work, what happens?

    Jerome’s Answer

    If this just happened, and the process server left a card, give them a call. If it has been a while but less than 60 days check on the Dallas County Website, (dallascounty.org) and look under district clerk family law case records. If it has been filed, and it says citation has been served and returned to the Clerk, then hire a lawyer, file an answer, and do whatever the lawyer suggests.

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  • My husband handed me the original petition for divorce and the waiver of service. Should I sign?

    Today my ex handed me the original petition for the divorce and the waiver of service, but nowhere on there does it state how much money he will be giving me for our daughter, nor that I am going to be keeping the house. (This is what we talked an...

    Jerome’s Answer

    I would always ask to see a final decree before signing, and agree anything. A good resource would be to contact the Dallas Volunteer Attorney Program (DVAP) through the Dallas Bar Association214/220-7400. However, if you have access to funds, credit cards or have a family member who can help, there are many excellent family law lawyers in Dallas County (where the case is really pending) who would be able to help. If your husband paid a lawyer, there should be resources for you as well. Remember to act quickly, as there are deadlines that have to be met.

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  • Can i write a letter to the Judge

    am under going a divorce my husband filed for it and laid that i commited adultery, assault and battery and both physical and mental abuse yet he was staying with me for 2 years b4 we gat legally married last year end of september. the next m...

    Jerome’s Answer

    No, you may not write a letter to the Judge. This is considered an improper ex parte communication. You need a lawyer to help you file the proper Answer to the divorce, and any other appropriate mothions.

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  • Who gets the house?

    we are joint owners of a house that was a gift. I have 2 dependant children from another marriage. Who gets the house?

    Jerome’s Answer

    If the house was gifted to you and your spouse, then the two of you are joint tenants and each have a 1/2 interest. It sounds like there may be some other issues at play her, so please consult a family law attorney in Dallas County .

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  • Hi, my friend received a petition to modify, but the divorce decree has a mediation clause.

    What are the best ways to respond? Is it answering the petition, filing for a motion to dismiss?

    Jerome’s Answer

    I would call the other party's lawyer , and tell him you need to mediate prior to his filing his Modification. That will not guaranty the other's party compliance, I would also file a plea in abatement, which means By doing this you ask the Court to put take a break from the case while you can go to mediation. A good party can do wonders to help settle a case/

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