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Shea Evans Roberts

Shea Roberts’s Answers

80 total


  • Is there a special form i need to answer to a contempt summons in a divorce order?

    i failed to refinance the house to get it out of my ex spouses name before it went into foreclosure and now its on both of our credit report. My ex failed to make the court ordered repairs and i couldn't afford to pay all the fees involved. now i'...

    Shea’s Answer

    You will need to file an answer within 30 days of being served with the contempt petition or 30 days from the time that you acknowledged service. You can probably find a sample online or ask the clerk of Henry County to provide you with one if you cannot afford an attorney. The answer essentially addresses each paragraph of the contempt petition wherein you either admit, deny or claim you don't have enough facts to affirm or deny each of the paragraphs of the complaint. It really would be advisable for you to have an attorney, but I will tell you that you are not alone. The real estate issues for divorcing spouses have become the most difficult to navigate since the housing crises and economic downturn. Hopefully, the judge will be sympathetic to your situation since it does not sound like there was much you could have done to prevent what happened.

    This answer was provided for informational purposes only and cannot be construed to create an attorney/client relationship.

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  • My husband recently filed for a divorce and it was granted because he went to the next county and filed saying he could not find

    Did he commit purgery and can I take him back to court for the division of property and family support?

    Shea’s Answer

    I cannot comment regarding whether he committed purgery. He has an obligation to have the petition personally served upon you. If he knew your address, work or home, and did not have you personally served, they you have a right to file an appeal or a motion to set aside because of his failure to properly serve you. It is difficult to determine from the minimal facts that you have provided, but I would highly recommend that you consult an attorney quickly regarding this issue.

    This answer is provided for informational purposes only and cannot be construed to create an attorney/client relationship.

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  • How can I go about evicting a family member from my home?

    The young man is an adult, not a minor.

    Shea’s Answer

    If his name is not on the title to your home, he is not entitled to stay in your home. If he is renting from you, then that might be another situation. You might want to clarify the facts a bit so that the Avvo attorneys can better answer your question.

    This answer was provided for informational purposes only and cannot be construed to create an attorney/client relationship.

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  • What do we do if ex is not following the divorce settlement as far as selling a particular property in question?

    My boyfriend has been divorced for 3 yrs now. The divorce docs state he is to pay her $200 house pmts & $200 equity ln and she is to sell a particular property and apply all proceeds towards what he owes which is $14,000. He paid her for two yrs. ...

    Shea’s Answer

    Your boyfriend should keep making his payments according to the divorce decree that is in place. He can file a contempt action against her alleging that she is not complying with the decree, but if he isn't paying he will have what is called "unclean hands" and the judge may not be as sympathetic if he isn't doing what he should. Your boyfriend really should consult an attorney because this issue can be somewhat complex.

    This answer was given for informational purposes only and cannot be construed to create an attorney/client relationship. If you want an attorney to review the specific facts of your case and advise you, there are many qualified attorneys on Avvo including those in our office. Best of luck to you and your boyfriend.

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  • I live in Georgia, my 8mth old son and his mother live in Florida. I want rights.

    We were never married. Her husband was and still is incarcerated at the time of conception. (i didnt know she was married). She refused to give him my last name, and is not filing for child support. I dont know what she is up to. I have been buyin...

    Shea’s Answer

    I can only speak to Georgia law as I am not licensed in Florida. In Georgia, you can file a petition for legitimation wherein you allege you are the biological father and request that a paternity test be required if she will not acknowledge you as the legal father. Once paternity is proven, then the Court will establish that you are the legal father. Once your legal rights are established then you can raise the issue of custody and visitation. Child support also will most likely be awarded to whomever is the custodial parent.

    This answer is provided for informational purposes only and cannot be construed to create an attorney/client relationship.

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  • My 15 year old son has lived with me his entire life and now his father wants custody.

    His father pays court ordered child support and has been a part of his life some of the time. Recently, my son began to show very rebelious behavior, so I let him move with his father hoping that it would help get him through this stage. Now, I ...

    Shea’s Answer

    In Georgia, a child 14 years or older does have the right to file an affidavit with the Court electing which parent he wants to live with. In the Atlanta metro area, that election is typically honored but the judge still applies the "best interests of the child" standard. You can assert all the reasons you have provided herein, and the judge will weigh the facts and make a decision as to what is in the best interest of your son. Or perhaps you can negotiate something with your son's father.

    This answer was provided for informational purposes only and cannot be construed to create an attorney/client relationship.

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  • Modification has already been filed,child is living with me but his mom has physical custody what should i do....

    My ex wife has physical custody of my son he is 15 and has lived with me the major part of the summer. I have filed for a modification but she has not been served yet. She is threatening my son because of school starting next week, I have checked ...

    Shea’s Answer

    You may not keep the child unless such visitation is provided for in the current custody order. The fastest way to get an answer would be to file for a temporary custody hearing requesting temporary custody of your child while the case is pending. In Georgia, once a child turns 14, he can elect which parent he wants to live with. Most judges, at least in the Atlanta metro area, typically honor an election but the judge does still apply the "best interest of the child" standard.

    This answer was provided for informational purposes only and cannot be construed to create an attorney/client relationship.

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  • I was just served family court papers in NY I live in GA and I already filed for child support in GA and a divorce what do I do?

    My soon to be ex-wife know I was filling for a divorce in GA and also child support for Ga, but she want a head and filled for child support thorugh the family court in NY and to top it off I dont have any income at all right now, can I still file...

    Shea’s Answer

    Based upon the information you provided, it is difficult to determine whether New York has jurisdiction for the divorce. You need to provide some additional information, ie., where did you live when you were married; for how long; how long has your wife been in New York; etc. Jurisdiction is a complex issue and really requires the analysis of a competent attorney who practices in this area.

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  • Health Protection During Separation

    We are filing papers, but can't move out due to current financial situation, but have been sleeping in separate rooms for years. I have some heart problems and don't want my spouse to have any say with my healthcare. She would pull the plug. Wha...

    Shea’s Answer

    Georgia has what is called a Georgia Advance Directive for Health Care which covers who you want to designate as your health care agent and what medical treatments you want implemented if you are incapacitated. This document needs to be stored somewhere safe and whomever you designate as your health care agent should know where it is. You may be able to find a form online or there are many attorneys on Avvo who can help you.

    This information is offered for informational purposes only and cannot be construed to create an attorney/client relationship.

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  • My wife keeps filing fr continuance in my divorce case. How many times and how is this done? I'm in Gwinnett county, GA.

    She keeps filing for a continuance so she can use my benefits (per her own statement), how is she getting to do this.

    Shea’s Answer

    I assume you are referring to medical benefits, but if not, please provide additional information. Has the judge issued a temporary order that requires you to continue paying for her medical benefits? If not, you are not required to continue doing so. You will need to check your policy though because some policies require proof of a divorce decree to cancel immediately. However, many policies have an open enrollment period where you can change your benefits. That would be a practical way to stop her from manipulating the system. With the poor economy and budget cuts in the court systems, the judges cannot handle their case loads so continuances are probably being granted more often when requested. There are ways to push it, but you really need to have an attorney who can help you navigate the process. This answer is given for informational purposes only and cannot be construed to create an attorney/client relationship.

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