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Patricia Dee Shewmaker

Patricia Shewmaker’s Answers

37 total

  • Can I get a new divorce lawyer?

    originally filed 10/2014 and it is always something with my lawyer as to why this is not over with by now. Mediation was scheduled originally for November 2015 and my lawyer has canceled numerous times and it took until May 2016 to finally go to m...

    Patricia’s Answer

    Yes, you can hire a new attorney. I suggest that you seek out and get a second opinion. It is always reasonable to get a second opinion when aren't sure about how your case is going. If you are going to hire another attorney, I also suggest that you start working on that immediately while you do not have a court date looming. Any new attorney is going to need time to get your file, review your file, and prepare for trial. Lastly, have you had a conversation with your current attorney? Sometimes, a frank conversation with your attorney can clear the air and repair the attorney-client relationship. However, if you have lost confidence in your attorney and cannot get it back, then it is time to seek other representation.

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  • In a uncontested divorce can I receive alimony

    Married only 1 1/2 years he only worked maybe total of six months always blew his money. Put him in jail for battery and child cruelty twice he has two different probation officers . I was so manipulated by him and still hurt.. he has cheated so m...

    Patricia’s Answer

    There are two ways a divorce can be uncontested: 1) the parties have an agreement, or 2) the defendant (after being properly served) does not file an answer or otherwise appear before the court for the proceeding. In the second scenario, the Court could, theoretically, award you alimony. However, alimony is based on your financial need, and his ability to pay. Frankly, based on what you have told us, it does not appear that he has the ability to pay.

    Further, one of the factors that the Court can consider in determining an award of alimony is the length of the marriage. You do not have a long marriage - not one that would likely motivate the court to award you alimony.

    Good luck.

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  • Does my ex wife have to pay half of the repair cost when selling our house?

    I am in the process of selling my house and my ex wife is on the deed so she is asking for half of the profits, which I agreed to, but I have to pay to repair some things before the closing date. Since she wants to split the profits in half, shoul...

    Patricia’s Answer

    Your divorce decree is going to control. What does the divorce decree say? If the divorce decree is silent regarding repairs, then probably. The only way that you can force her to pay for one half of the repairs is to seek enforcement of the divorce decree through a contempt action. If the divorce decree does not say that she has to share in the cost of repairs, then she can't be held in contempt.

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  • 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

    • Selected as best answer

    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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