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Dana Joseph Stewart

Dana Stewart’s Answers

63 total


  • What is the diffrence between a Divorce and Annulment in Texas family Law?

    Couple married 2-years and one spouse filed for divorce and then requesting court to "annul the marriage"? Whats the diffrence between annulment and divorce?

    Dana’s Answer

    An annulment will have the effect as if the marriage never happened whereas with a divorce, the marriage was legitimate and is now ending (assets will be divided, etc). There are limited ways a marriage can be annulled. For example, if someone was under the influence of drugs, lacked mental capacity or was under duress, then a marriage can be annulled (there are a few more than that, those are just some examples). You should consult with an attorney to determine if your situation meets the criteria for an annulment. Best of luck to you.

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  • I filed for divorce in collin county and my ex said she would sign the waiver. She has not. I also have both of my daughters and

    Need to finalize this divorce. There are 401, child support and visitation rights that need to be addressed. Please advise.

    Dana’s Answer

    You can't even think about finalizing the divorce until she gets legal notice of the lawsuit. If she won't sign a waiver, then you have to serve her. Those are your only two options. As they others said, there's a lot of moving parts and things to consider regarding a case with kids. Let me know if you'd like to discuss your situation s d options. Best of luck!

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  • Divorce with children in Texas, USA Divorce decree was a default judgement

    I am the respondent in the case - living in bangalore, India - Case was filed by petitoner in Collin county TX Divorce decree was a default judgement as I was unable to appear in court. Please explain the following: Petitioner and Resp...

    Dana’s Answer

    You definitely need to get an attorney involved asap to figure out the status of your case. Without more information, I cannot look up your case to determine whether a default judgment has been entered against you. Let me know if you want to talk more about your case and options. Best of luck

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  • Do my wife have a chance to receive more visitation?

    At our temporary custody hearing my kids mother agreed to us having joint managing custody and appointing me as primary parent and giving herself standard visitation along with paying child support and half daycare. This agreement was reached befo...

    Dana’s Answer

    • Selected as best answer

    Judges typically like to keep the status quo with children. This is because children normally function best in a routine. You and the mom made an agreement regarding conservatorship, possession and support. If she wants to change the situation at a final trial (meaning that she wants to be primary, you pay support, etc), she will have to be able to show the judge some good evidence to support changing the situation. Normally, unless she can show that the agreements you two made are somehow negatively impacting the children, there is a good chance that your temporary orders will become final orders. However that's not always the case. If you neglected or abused the children and she could prove it, that would obviously change things. Just like if you got arrested for selling drugs, etc. But absent that stuff, she will have a high burden to meet to change things. It's hard to give you more info without knowing the specifics, so let me know if you'd like to discuss this more. Best of luck to you.

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  • My daughter was placed in my possession today.What do I do next to get full and permanent custody of her?

    She has been removed from her mother three times by CPS. I want her to stay with me permanently but it seems CPS wants her with the mother that has tried to commit suicide, been in a mental institution, lost custody of her other three children (s...

    Dana’s Answer

    I agree 100% with the responses above. GET AN ATTORNEY. Do not leave your child's well being and future to CPS. Take matters into your own hands. Best of luck.

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  • Am going thru a divorce -opposing party has offerred a settlement to case that is impossible for me to agree with-what can I do

    divorce is going on for 9 months already. I have given everything to soon to be x spouse, I pay Child Support (CS) above the amount Texas law states I have to pay. My child's needs are most important to me. have given her the house, all mat...

    Dana’s Answer

    I agree with both responses above. Do not sign the agreement, especially if you know that you cannot live up to the terms. You are only setting yourself up for future issues. In addition to places Mr. Daley stated, you can also try Legal Aid of Northwest Texas www.lanwt.org. You need to get an attorney - the decisions you make now with respect to the terms of the divorce can haunt you for years to come. Best of luck.

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  • I'm am deployed and my Ex-girlfriend will not return property I am paying for while deployed, I have not filed do to local

    When we broke up she stole my phone, kept my furnature and childs clothes, my clothes, 63' TV, entertaiment center, workout equipment, etc and dispite calls, emails and letters to the property manger, which is a property she works for and lives at...

    Dana’s Answer

    I agree with Mr. Harding - if you inform her that you are calling the police, there is a chance that she will hide all your stuff. It appears that you have done everything in your power to get the items back and she has no intention of complying. Call the police. Best of luck.

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  • Should I file an assault charge?

    I was in line at a lounge and this guy was pushing me around telling me that I needed to move so he could get to the front of the line, I had it at that point and told my friend "lets go this place is ghetto" he turned and got in my face and calle...

    Dana’s Answer

    I agree with Ms. Henley. Unfortuately, based on those facts, it seems that you might open yourself up to criminal liability. I wouldn't risk it.

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  • My dad pays 800.00 a month in back child support to my mom... I'm 21 now but she won't give me any money... what can I do??

    I'm not in school and recently lost my job... I need money for my bills( car note, phone and day care for my daugther)

    Dana’s Answer

    I agree with the above answer, you have no legal right to that money. Perhaps you can ask your mom to loan you some of that money. However, if she says no, then you are not going to be able to take legal action against her in attempt to recover some of those funds.

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  • Can a finalized default divorce be reopened in San Antonio, TX.

    Once the court has finalized your divorce on a default, due to defendent not responding, can it be reopened with a motion?

    Dana’s Answer

    Yes, it is possible for the party that defaulted to "reopen" the case. This can happen by filing a motion for new trial, an appeal or even a bill of review. I realize those terms probably don't mean much to you, but the point is - there are ways to "reopen" the case.

    The iems mentioned above have different time constraints on when they must be filed. For example, a motion for new trial must be filed within 30 days after the judgment was signed. I cannot tell from your question whether you are the party that defaulted. If you are, then I advise you to immediately contact an attorney as the clock is ticking. Best of luck.

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