Shelley A. Senterfitt’s Answers

Shelley A. Senterfitt

Atlanta Domestic Violence Lawyer.

Contributor Level 7
  1. What rights do you have if you have Physical Custody and Both Parents have Joint Legal Custody ?

    Answered almost 2 years ago.

    1. Shelley A. Senterfitt
    2. Alexa Jill Kwartin
    3. Merlinus Goodman Monroe
    4. Glen Edward Ashman
    4 lawyer answers

    As has been previously explained, physical custody relates only to where the child lives. It does not give the custodial parent any additional power when it comes to making major decisions regarding the child's education, healthcare, extracurricular activities, or religious upbringing. If you have joint legal custody, you and your child's parent are required to use your best efforts to reach a mutually agreeable decision on any major decisions. Your settlement agreement or final judgment...

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  2. What do i do if i can't afford an attorney to file objection to legitimating my son?

    Answered about 2 years ago.

    1. Shelley A. Senterfitt
    2. Glen Edward Ashman
    3. Jody Louis Sellers
    3 lawyer answers

    While I agree that you need to hire a family lawyer if at all possible, I recognize that retaining counsel is not always an option. If you must represent yourself, you need to answer the petition for legitimation. The Fulton County Family Division has a number of helpful forms on their website which you can modify for your county and other relevant details. You should do everything in your power to find the resources to hire an attorney, but if you cannot, the forms on the Fulton website...

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  3. When an uncontested divorce is approved and finalized, can one of the parties to the divorce ask for more at a later date?

    Answered almost 2 years ago.

    1. Glen Edward Ashman
    2. Shelley A. Senterfitt
    3. Jeffrey B. Lampert
    3 lawyer answers

    I would echo the previous response about the importance of hiring an attorney to assist you. Your question does not specify who has prepared the settlement agreement, but you should absolutely engage an attorney to at least review the document and ensure that there is sufficient language to protect you against your husband trying to come back and get your retirement account.

    4 lawyers agreed with this answer

  4. In the middle of an uncontested divorce. Wife's attorney asked for a motion to be heard. What does that mean?

    Answered almost 2 years ago.

    1. Glen Edward Ashman
    2. Shelley A. Senterfitt
    3. Ikemesit Amajak Eyo
    3 lawyer answers

    It is very difficult to answer your question without knowing what type of motion your Wife's attorney asked the court to hear. If you do not have a lawyer, I would encourage you to retain counsel as soon as possible. I agree with the previous answer - if a hearing is being scheduled, your case is no longer uncontested. Shelley Senterfitt

    4 lawyers agreed with this answer

  5. How can I get divorced if my incarcerated spouse won't sign?

    Answered about 2 years ago.

    1. Anthony M. Zezima
    2. Ikemesit Amajak Eyo
    3. Shelley A. Senterfitt
    4. Glen Edward Ashman
    4 lawyer answers

    If your spouse is incarcerated in Bibb County, you will need to file for divorce in Bibb County unless he will consent to the case being heard in Gwinnett County. As the other attorneys mentioned, you will need to have him served since he won't sign the papers you sent him. However, service should not be an issue since you know where he can be located at all times. Perhaps he will reconsider the settlement agreement you sent him once you have filed and he has been served. Oftentimes, a...

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  6. If my divorce papers have anything wrong with them does it mean that I am not legally divorced

    Answered over 1 year ago.

    1. Shelley A. Senterfitt
    2. Cynthia Vaughn James
    3. Glen Edward Ashman
    3 lawyer answers

    It depends on what is wrong in your divorce order. You need to meet with an attorney who can review your papers and advise you.

    3 lawyers agreed with this answer

  7. My ex vandalized our marital home, can I sue?

    Answered almost 2 years ago.

    1. Shelley A. Senterfitt
    2. Glen Edward Ashman
    3. Ikemesit Amajak Eyo
    3 lawyer answers

    You should definitely tell your bankruptcy attorney. You will need to consult with your insurance company to determine if you have grounds to file a claim. Additionally, you may be able to file a contempt action against your ex. If your divorce decree required him to maintain the home in good condition and he failed to do so, he is in violation of the decree. You can ask the court to require him to pay for the damage he caused. If you wish to pursue a contempt action against him, it may or...

    3 lawyers agreed with this answer

  8. Can the state of Georgia force child support payments to be paid through the Department of Human Resources without a court order

    Answered about 2 years ago.

    1. Shelley A. Senterfitt
    2. David A. Canale
    2 lawyer answers

    It sounds like your child's mother has applied for some sort of benefits through the GA Department of Human Services. If she applied for Temporary Assistance for Needy Families (TANF), she is required to assign her right to child support payments to the state who will then be responsible for collecting such payments from you. It is also possible that she asked DHS to handle the collection of support payments - custodial parents can pay $25 to DHS for them to collect child support. Do you...

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  9. My husband says I cheated, but not true. Will this affect me if I file for divorce?

    Answered almost 2 years ago.

    1. Darrell Brinnett Reynolds Sr.
    2. Anthony M. Zezima
    3. Shelley A. Senterfitt
    4. Glen Edward Ashman
    4 lawyer answers

    Adultery is one of the fault-based grounds for divorce in Georgia. If a court were to grant a divorce on a fault-based ground, the court can take a party's "fault" into account when equitably dividing marital assets. However, adultery is exceedingly difficult to prove. Additionally, the overwhelming majority of divorces are granted under the no-fault ground of irreconcilable differences. Under this ground, the court doesn't address which party was at fault for the divorce. While your...

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  10. What is the process following the filing of divorce?

    Answered almost 2 years ago.

    1. Brett Ladd
    2. Glen Edward Ashman
    3. Shelley A. Senterfitt
    3 lawyer answers

    I agree with the previous responses that you would be well-served to pay for a consultation with a lawyer. If you and your spouse are in agreement on all terms, you may be able to finalize the case on your own, but you need a lawyer who practices in your jurisdiction to confirm that you have covered all of your bases. Many lawyers will bill you only for the time spent in a consultation, so you may be able to pay a lawyer for 30 minutes of time. It would be much better to incur this expense...

    2 lawyers agreed with this answer