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Mark Eric Wewers

Mark Wewers’s Answers

5 total

  • My husband was having an affair before he ask for and then filed for a divorce. She knew he was married. Can I sue her.

    I knew nothing about this until I began to investagate phone records and ran a search on who it was. Then I began to check her house each evening and early morning to see that when he left he moved in with her

    Mark’s Answer

    No, this is not a recognized cause of action in the State of Texas.

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  • If someone were divorce on the 12th of May and got remarried on the 11th of June are they legally married in Texas?

    I am going by Texas Family Law 6.109 under Annulments.

    Mark’s Answer

    Yes they are legally married unless a Court says otherwise. Frankly, the party in a position to challenge the legal status of the marriage would be the person who married the person divorced on May 12th. Even then, the challenging person's knowledge of the divorce would be key to any challenge.

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  • Can I go back into mediation afer I have already agreed to property settlement?Found problems with the QDRO after the fact.

    Was told by my attorney I would be able to roll over both retirement accounts that I would be getting part of. Now I find that one is a single life annuity and will not have any control over it what so ever. I would like to revisit mediation and...

    Mark’s Answer

    A mediated settlement agreement ("MSA") is typically "set in stone" as you put it, save and except for the existence of a few limited circumstances which have been referenced. Incorrect or incomplete information from YOUR attorney is not one of those circumstances.

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  • Can my common law husband put me out of the apartment? He has several places to go however I do not

    My husband and I are common law married (fall under all guidelines...even listed as husband/wife on work documents) he cheated and then left out of the country the same day I found out and will be gone for 2 more weeks..I am currently unemployed a...

    Mark’s Answer

    If your name is not on the lease, you will have a hard time gaining legal access to the apartment without his allowing you access or a Court order allowing you access. It appears as though he will not allow you access, so the courthouse is your only option.

    My advice is to file for divorce immediately. While Dallas County has a "standing order" that must be attached to all petitions for divorce, the terms of which are immediately applicable to you upon filing and applicable to him once he is served, the terms do not appear to help you here. You need to request an ex parte temporary restraining order seeking "extraordinary relief" that prevents him from excluding you from that specific apartment. This will require some additional steps, including a signed and notarized affidavit (from you) attached to the petition for divorce explaining the circumstances and proving that you reside at that apartment. This can be done with the "work documents" you reference, provided it shows the apartment address, or utility bills in your name for that apartment, etc. Reference and attach such documents to your affidavit. After filing the petition with the district clerk, take the file-stamped petition with the affidavit and the Dallas County Standing Order attached, your proposed TRO (with a notice of temporary orders hearing) with extraordinary relief (preventing him from excluding you from that apartment) and seek a brief meeting with the Judge of the court to which your case was assigned. Request the Judge to read the pleading and affidavit, and that he/she sign the proposed TRO.

    Provided the Judge signs the TRO, set the case for a temporary orders hearing within 14 days of that date. If not, set the temporary orders hearing as soon as possible. Either way, have the district clerk issue citation and notice. Take the documents to the local sheriff or constable's office and ask that he be served.

    At the hearing, you will have to offer evidence (your testimony, testimony from other witnesses, and documents) proving that you reside there, have no other options for a residence, that he should move out and pay the lease during the divorce action. Good luck!

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  • I have a 2 hour final divorce trial tomorrow. does my spouse have to be present?

    I have suspicions she may not be there, just her attorney. What could this mean?

    Mark’s Answer

    In short, no she does not have to be present for the court to proceed. While it would be in your spouse's best interest to be present, provided the trial proceeds without her, it will likely help your cause. Without your spouse appearing in person, her attorney will have a difficult time refuting your testimony. It is safe to say most judges will not look kindly upon a party not appearing for their own trial. Odds are, this would be a positive for your case.

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