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Patricia Dee Shewmaker

Patricia Shewmaker’s Answers

34 total

  • Pursuant to GA law, is one allowed to initiate an action for annulment of marriage while exists a valid decree granting divorce?

    My ex-wife deserted me and our marriage in Massachusetts, and then obtained a divorce from me in Fulton County, Georgia. Her prosecution of said divorce, however was based to a great extent upon perjury and fraud. I am now preparing a motion of ...

    Patricia’s Answer

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    In short, yes you must prevail on your Motion to Set Aside the Divorce Decree before you can petition to annul the marriage. A divorce acknowledges that a marriage existed and ends the marriage. Whereas an annulment acts to make the marriage void ab initio - as if the marriage had never existed.

    You have three years to set aside a final order under extraordinary circumstances - fraud, if you can prove it, is one of those circumstances. If set aside, then you are once again married (this is problematic if either one of you has remarried in the interim). Then, Georgia law has very narrow circumstances in which an annulment will be granted. If the marriage was consummated and/or children resulted from the marriage, then the court will not grant the annulment.

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  • Can spouse take child with him, if we have been separated & reside in different states?

    I recently moved to Alpharetta, GA with my infant. My spouse lives in New York. We have been separated for 1-2 months now. I am worried that he will come and take the child away from me. Can he do that legally? So far, we have not filed for legal ...

    Patricia’s Answer

    Since there is no legal separation or divorce filed nor any court orders (temporary or permanent) regarding the custody of your child, both you and your spouse have the same legal rights of access to the child. So, just as you were able to take the child and move to Georgia, he can come to Georgia and remove the child to New York.

    I don't know how old the baby is or how long you have resided in Georgia, but for Georgia to have jurisdiction over the custody of your child, the child has to have resided her for six months. If the baby is less than six months old, then it will be the state where the child has resided the longest. I cannot tell from your question, but it may be New York that has jurisdiction over custody issues.

    You cannot file for divorce in Georgia unless you have lived her for 6 months. Right now, you may be looking at a divorce or legal separation in New York. Depending on the facts and circumstances, the Court in New York (if they have proper jurisdiction) can possibly order you to bring the child back to New York.

    The parenting arrangement in any situation is based on the facts and circumstances of the parties and the child. The Court (whether in Georgia or New York) is going to take into account the fact that you and your spouse live in different states and the age of the child.

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  • Divorce/desertion

    My husband of 27+years we are still married, navy retired deserted me thru a text msg and I am disabled

    Patricia’s Answer

    You absolutely need to consult with a family law attorney because there are some significant issues to deal with here. The first is the military pension and the division of it. Second is military medical benefits. If you are a "20/20/20" spouse, then you should be eligible for Tricare for Life even after a divorce, which can be critical if you are disabled. Also, there may potentially be a Thrift Savings Plan that was accrued during your husband's military career which is marital property to the extent that it was accrued during the marriage.

    Please consult with an attorney so that you can make informed decisions about your next step.

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  • After 28 years of marriage I decided to leave my wife because the marriage was over. We have been separated for two months now.

    Can she take any social security disability claim money fro me?

    Patricia’s Answer

    Social security benefits are not divisible in divorce, but they are considered as income when making an alimony or child support determination. I suggest you discuss your particular facts and circumstances with a family law attorney.

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  • Will I be thrown in jail for not returning rental furniture?

    Me and my husband split about a year ago hand he time the TV we rented to own from Aarons. I have continued to pay on it even though its not in my poses ion but I am no longer financially able to. I told them the truth that it is not here and now ...

    Patricia’s Answer

    You're not going to jail. However, if you signed the rental agreement with Aaron's, they could file a suit against you in order to collect the monies that are owed to them. If both you and your husband signed, they could attempt to collect against both of you or either one of them. If just your husband signed the contract, then they can't go after you and may just have been going after you because you were paying.

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  • What can I do if Judge made an accounting error in divorce decree?

    I have two children ages 8 and 10. When the judge delivered her "final decree" in our divorce, she put an amount for monthly child support but did not include the additional $412.69 that she has on the attached child support worksheet. Obviously...

    Patricia’s Answer

    It depends on the date of your final decree. If within 30 days, you can file a Motion for a New Trial or a Motion for Reconsideration. If within the same term of court (this depends on which judicial circuit your decree was in), the Court can correct its "scriveners' errors". Either way, you need to file a Motion which is the vehicle in which you ask the Court to do something. If you had an attorney for the divorce, the same attorney should be able to help you do this at relatively low cost.

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  • My ex-wife who is on the deed of my house, but I am the only one on the mortgage loan. can I stop her from living in the house?

    I brought the house while we were married, I file for chapter 13 bankruptcy after the divorce which was transformed to a chapter 7 and I am now out of bankruptcy. The house was to be sold as part of the divorce settlement but we could not get it s...

    Patricia’s Answer

    You need to review your divorce settlement agreement and consult with an attorney. If the settlement agreement says that you were to sell the house, then the house should have either been sold or should be on the market to be sold. Based on what you tell me, you might be in contempt of your divorce decree. Follow the terms of the settlement agreement. You do need to consult with a family law attorney regarding the specific facts and circumstances of your situation.

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  • What are my right of having my husband evicted? Would he be able to ask for anything(money,furniture, etc,) during the divorce?

    I been married for 19 months. I bought my house 4 months prior to us getting marry. His name or signature is not on any paper work for my home. I have a son 18 from previous marriage live with us. His children are grown and on their own. I pay al...

    Patricia’s Answer

    Although you have only been married 19 months, you have a lot going on and really do need to consult with an attorney. Although you purchased the house prior to the marriage, if you have been paying the mortgage during the marriage, then arguably the house is marital property to the extent it was acquired (mortgage paid) during the marriage. Also, he might also argue that its marital property based on the marital funds that have been invested in it (the $3000 he spent to fix the basement).

    Your question does not contain enough information to adequately answer the question regarding alimony. Alimony is based on the financial need of the party requesting it and the ability to pay of the other party. When awarding alimony, the court can consider a laundry list of factors including the conduct of the parties. In Georgia, adultery can serve as a bar to alimony if the adultery led to the break up of the marriage.

    Consult with an attorney regarding your specific facts and circumstances so that you can make informed decisions regarding your next step.

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  • My ex wife's lawyer won't send in his paperwork so judge can sign the decree. What do I do without a lawyer? Am I forced to wait

    I went to court in August 2012. Judge granted divorce and visitation, against my ex's wishes. The judge still doesn't have the paperwork from the lawyer. Present day, my ex has withheld visitation this weekend. My daughter is allergic to almost ev...

    Patricia’s Answer

    The answer to this question depends in part on which county your divorce is pending. The simple answer is to call the court and schedule this for a hearing and address the issue with the Judge. Each county has different procedures for requesting a hearing. Call the court to find out.

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  • I am separated and going through a divorce; my ex said he was spying on me and tracking me.

    We are going through a non contested divorce because I have no money. What can I do, to prevent this invasion of privacy? There are kids involved but the spying needs to stop!

    Patricia’s Answer

    Well, first of all, do you think that he really is or is he just saying this to you in order to upset you? It's amazing the lengths people go to during a divorce just to upset the other person. Second of all, what proof do you have that he is spying on you and tracking you, besides him saying it. For example, does he know things, like what you did last night, without you telling him? Or, does he show up at places where you are unexpectedly? There are so many ways to track a person, if he is indeed doing it. Does he have a tracking device on your phone? Does he have a tracking device on your vehicle? Does he have someone following you? If you really think that he is spying on you and tracking, I highly recommend that you consult with and attorney or a private investigator regarding your concerns.

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