Skip to main content
Steven P. Shewmaker
Avvo
Pro

Steven Shewmaker’s Answers

542 total


  • Can a OTH discharge from the NG affect my post 911 GI BILL?

    National guard Failed Drug Test for THC. I recently got out after serving seven years. Will a possible bad conduct discharge in the National Guard affect my post 9/11 G.I. Bill. Or will it change my honorable discharge on my DD 214 ?

    Steven’s Answer

    Unless you have a prior enlistment which ended with an honorable discharge, you can say goodbye to your G.I. Bill benefits. The VA will not provide you G I Bill benefits with an OTH discharge.

    See question 
  • How can I speed this divorce up ? Would bifurcation work?

    I'm getting married next month to a military man and he wants me to live on base *military housing* my divorce from my previous ex husband is still going on.. what can I do so that I can marry my new army husband and move on with my life. We have...

    Steven’s Answer

    This is simple. First, agree to your current husband's terms. Second, hire an attorney. Third, makee sure your attorney can quickly draft and file the paperwork in accordance with Washington law and local court procedure so that you can meet your marriage timeline. Finally, don't do anything stupid like go to Vegas and get married before your current marriage is legally over. That could open up all sorts of problems for yoru fiancee with the Army.

    See question 
  • I have felony arraignment tomorrow. I retained an attorney today. Can we work out deal with prosecutor for theft by conversion.

    I have a case for theft by conversion from Rent a Center in cobb county. I want to pay them back. The amount is about $5200, the inflated price. Do you think it's possible to pay the market rate and pay them back in payments to avoid jail? I retai...

    Steven’s Answer

    If you bought a rake, would you go to the other rakes on the shelf at Home Depot and ask them how it is to pick up leaves? GO ASK THE ATTORNEY YOU PAID YOUR MONEY TO. That is why you hired an attorney. As I like to tell my clients: You hired me to (1) explain the law to you (10% of the issue will be the law); (2) explain the application of the law to your facts (the other 90%); and to (3) tell you what will happen in court before you go there (so you can avoid it or have realistic expectations).

    Call your lawyer.

    See question 
  • Can I divorce in the state that I am stationed? I am active duty military stationed at Ft Benning Ga.

    I currently reside in Fort Mitchell, AL but work an am stationed on Ft Benning. My wife recently revealed to me that she has been cohabitating with another person and engaging in sexual intercourse with them. She also stated she plans to take my c...

    Steven’s Answer

    First, if you live on the military reservation of Fort Benning you must live there for 12 months before any county which borders Fort Benning will have jurisdiction to divorce you.

    Second, if you don't live on Fort Benning but live in Georgia either you or your wife must live here for 180 days before the court will have jurisdiction to divorce you.

    Third, your children must be present in Georgia for at least 180 days in order for the court in Georgia to have jurisdiction to make determinations over there custody in a divorce.

    There is much much more. These are just some jurisdictional basics to get you started.

    You need to contact a military divorce attorney. Many of us in Avvo will give free phone consults.

    See question 
  • Can I still be with my boyfriend after pressing charges on him?

    My mom pressured me in to pressing charges against my boyfriend when we had gotten into a fight after a night of drinking. We still want to be together though but I don't want him to get in any more trouble than he already is in. Is this possible...

    Steven’s Answer

    Hey, nothing binds the relationship like an indictment.

    See question 
  • Trying to find attorney who handles VA related matters. Have two cases.

    1st case - 100% disabled vet VA trying to make incompetent. 2nd case - spouse of a former Veteran trying to get spousal support of pension

    Steven’s Answer

    Avvo will not allow us to recommend an attorney, If, for example, I were to say, "Drew Early in Atlanta is the guy at 770-939-1939." Now that would be wrong, dead wrong in fact.

    See question 
  • Which state(s) am I eligible to file for an uncontested divorce in as a military member?

    I'm considering filing for divorce from my spouse. I'm currently stationed in Louisiana, where I've owned a house and physically resided with my spouse for the past two years. I understand that means I meet the residency requirements to file here....

    Steven’s Answer

    First, you generally (almost always) file in the state and county where the defendant (your wife) resides. I see nothing about where she is a resident, but I strongly assume it is Louisiana.

    If you file in Louisiana, you waive any objections to Louisiana. If you file in Texas, she may object there. You have strong arguments for Texas, and you should file there now. If you do, and if you survive her motion to dismiss for lack of Texas' exercise of personal jurisdiction over you, you will have gone a long way to deny that Louisiana can exercise jurisdiction over your military pension - that is critical for you.

    If you consent to Louisiana then it can divide your pension. I cannot stress it enough.

    As others say, if you have a child and the child has been in Louisiana for six months, the custody portion must occur in Louisiana.

    Again, other aspects of your case do not have to occur there.

    Go find a good Texas divorce attorney.

    See question 
  • Are a veterans kids responsible to pay back VA benefits that were overpaid to veteran once veteran is deceased?

    My dad who recently passed away was receiving VA disability benefits. Today I received a letter in his mail addressed to his estate stating that the estate is responsible to pay back over $20,000 in benefits that were overpaid to veteran. An estat...

    Steven’s Answer

    This is not really a military law matter.
    This is really an estate and probate matter.

    It's really a tricky matter that a probate lawyer must investigate.

    Generally, if your father was overpaid, and the estate has no assets to satisfy the government; then the government loses.

    BUT if the evidence shows that there are assets, the government will come for them.

    This is a great time to spend $200-$500 in consult fees with a probate attorney so you can sleep soundly.

    See question 
  • I am a 100 percent disabled veteran getting social security also If I get divorced what do she get,she works has a career job we

    we have been living apart for 18 mos and she is living in my house that is already paid for in Alabama mine prior to the marriage,she has not lived here in fla since I brought the house,she has never paid for anything I do not know what she does w...

    Steven’s Answer

    • Selected as best answer

    This is not a military question.
    This is a divorce question.

    You want to look seriously at divorce in Alabama.

    Alabama is your friend because under Alabama law any military retirement you receive is not divisible in a marriage under ten years. Per the US Supreme Court, your VA disability is not divisible. Alabama law also will not consider your VA disability pay for alimony. (In re Billeck) Alabama will respect your premarital property rights as well.

    You need to find a military and federal benefits savvy divorce lawyer in the area in Alabama where your wife and house are.

    Best to you

    See question 
  • DD214 under honorable discharge

    Am I a veteran???

    Steven’s Answer

    If you have a DD 214, you are veteran. Congratulations, thank you for your service to this great nation and Happy veterans Day.

    See question