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Don Ellis Mcclure Jr.

Don Mcclure’s Answers

37 total

  • Approx. cost of divorce?

    My husband and I have been separated since 2004. We have no property together. Both of our children are grown ages 20 and 24. My question is what type of cost am I looking at to file a divorce? and would it be easier to file a do it yourself di...

    Don’s Answer

    I would not advise buying a "do it yourself divorce kit". Just this week I was hired to fix a case just like your case. As far as cost, prices seem to vary greatly for an uncontested case with no property/children. You can actually find a lawyer for pretty cheap, but I believe you get what you pay for. I have seen prices advertised at $200.00 and have heard of lawyers charging $3,000.00.

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  • I was accused of shoplifting at walmart.

    I was taken back into a room where they said they would be calling to police because it was a 150.00 worth of stuff.Well after 20 mins they let me go no police showed up and i did not receive a ticket.This was back in december now 3 months later i...

    Don’s Answer

    Looks like it was dismissed on 2/29/12. This case does not look active.

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  • I want a divorce but my house won't leave the house. What can I do to leave it?

    We both own the house but I've been making the payments with my checking account. I haven't filed for divorce yet, so what are my legal rights to having him out of the house and start paying child support?

    Don’s Answer

    You need to go ahead and file divorce. Besides your divorce petition, you will need to file a Motion for Temporary Orders. TO will help keep the status quo while your divorce is pending. At a hearing, the Judge can decide (or more usually the parties with their attorneys) who stays in the house and who pays child suport. If the home is community property, then both of you have an equal right to the house pending an agreement or court order. I have a video on Temporary Orders on the website link.

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  • If i was caught shoplifting and gave everything and then some back do i still have to pay them?

    I was caught shoplifting at target. I had never gotten in trouble for anything before (misdemeanor).I stole mostly baby stuff and a couple of harry potter movies. They took everything back that I stole and even some items that belonged to me. Im u...

    Don’s Answer

    Who is requesting the $500.00? Is it the store? If so, I usually tell my clients not to worry about paying the store any money. Yes, they could sue you in civil court, but it is unlikely.

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  • What is the process of an agreed expungement order

    expungment process

    Don’s Answer

    I do not have enough information to answer that question. If you qualify, a petition would have to be filed with the Court. It is not difficult, but it does require some knowledge of the process to make sure that it is done correctly.

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  • Can I drop charges?

    I may have brought charges against the wrong individual. I gave a description and then a man that met that description was brought before me...so I assumed for sure it was him. But then yesterday I spotted a man that look just like the other guy, ...

    Don’s Answer

    I would call the original police officer, but I would also call the Harris County District Attorney's Office to let the prosecutor know about your situation.

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  • What do I do if I want to file an affidavit of Non Prosecution? Harris County

    Me & my boyfriend got into a heated argument yesterday and I called the police not to get him arrested but to tell him to leave until things calm down. When they got here they couched me to what to say and told me that if I did not corporate that ...

    Don’s Answer

    Such affidavits rarely get the case dismissed. In fact, if you say anything that is different than the report, his case will normally be moved to a different prosecutor who only handles family violence cases. Some cases do get dismissed, but it is not as easy as just filing the affidavit.

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  • My ex wants to pick up my son at 500pm because he has t-ball practice. i wasnt aware of the practice until about 3 hours ago.

    my ex is suppose to pick up my son at 8pm. do i have to let my son go with my ex at 5pm???

    Don’s Answer

    You do not have to let your son go with your ex. However, it is important that both parties work toward allowing your son the opportunity to be engaged in extra-curricular activities. Unfortunately, these types of activities do not follow a visitation schedule which usually requires the efforts of both parents during their respective times. I know that 3 hours notice is short notice and I would make sure that your ex gives you a schedule of practices and games or talk to the coach directly.

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  • Domestic violence felony charge. is there way to dismiss charge? no criminal history. but has been abusing wife for 2 yrs.

    my wife found out i was cheating while she was away. she called me all night for a day or 2 (i did not pick up though) to make sure i was not cheating anymore. a week passed and she found out credit card bill with the hotel bill for the affair a...

    Don’s Answer

    It would be highly unusual for them to dismiss the case - no matter what your wife says to the DA. In fact, if she denies the abuse or changes her story, it is most likely that they will assign a special prosecutor from the family violence unit to prosecute the case. You really need to hire an attorney to review the evidence.

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