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Steven P. Shewmaker
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Steven Shewmaker’s Answers

574 total


  • Can I divorce in Texas if I am stationed in over seas for 9 months& how would the process work if allowed, if I am not present?

    We are both military, different branches and married for just a year. We have not resided together as of yet. There is no community property or things of that sort. We were married in El Paso but both are residents of Houston Harris County Texas.

    Steven’s Answer

    Jurisdictional rules vary enough that you need to contact an attorney in Texas. Go see your unit judge advocate. He or she can contact the American Bar Association LAMP Committee for a local referral.

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  • How soon could my court date be if I has a lawyer set a motion for early termination for probation?

    Currently on probation, I have completed 1 year and 7 months of it with 1 year and 5 months left , I want to apply for early termination and I am wondering how soon my court date could be.

    Steven’s Answer

    That all depends on the judge and when you file it.

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  • DUI charge without implied consent, breathalyzer, or field sobriety tests

    My husband was pulled over after an officer attempted to pass him. The officer stated my husband almost hit his patrol car as he passed him. My husband was asked to exit the vehicle. He was given only the eye test. The standing/walking test was no...

    Steven’s Answer

    You will be better off to immediately hire an attorney. Many of us on Avvo give free consults. If what you say is accurate, the solicitor will be more likely to deal with the case rather than push it to trial. Other than that none of us can accurately gauge the case until we see the police report, the video and any other evidence.

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  • Can a military officer sue me over defamation if I complain his threatening behaviors towards me to his supervisor?

    An active duty senior career military officer sent me email and phone text message containing threatening languages. If I call this military officer's HR for his supervisor's contact information, and then send a complain to his supervisor: can thi...

    Steven’s Answer

    Anyone can sue you for defamation. You can defend yourself against that claim. No one will be successful suing you for defamation if the things you said are true and you can prove they are true.

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  • The U.S. Constitution says you cannot appropriate income to an army for longer than two years, so why is there an Army?

    Article I. Section 8.: To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years.

    Steven’s Answer

    National Defense Authorization Act (NDAA) passed every year, last 36 years running.

    The issue is decided.

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  • Don't want to quit Guard but in severe financial situation, what to do?

    I’ve been in the guard for 8 months now and have been back in the civilian world for about 2. I just took a job that pays ok but not enough to pay my monthly bills. Im trying to get a second full time job or at least a a part time job to make the ...

    Steven’s Answer

    Mr. Cassara is correct. However, you might want to appeal to your chain of command, they can let you go "inactive national guard" (ING). If I recall correctly, the command has discretion to allow you to go ING for up to 12 months.

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  • Can I file in TN?

    My husband is military, and we are currently living in Fort Riley, KS. We have two children together. I am moving back to our legal state of residence which is TN. This is also his legal state of residence. One of our children was born in Kans...

    Steven’s Answer

    Ahhh, yes. Tricky question. You say your state of legal residence is Tennessee. It may or may not be. You can always argue that Tennessee is where you intend to reside but for military assignment. The Servicemembers Civil Relief Act allows you to maintain residency in a state though the military assigns you elsewhere. That might (maybe) mean that you could get divorced in Tennessee, BUT it does not stop another state from exercising jurisdiction over your divorce if you have lived in that state or have significant contacts in that state. From the sound of it, I believe Kansas has all the authority it needs to divorce you.

    AND (this is very important) the SCRA does not trump the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The UCCJEA says that the only (let me say it again, the ONLY) state that has jurisdiction over custody determinations of your children is the state where they have lived for the 180 days prior to the filing of a divorce (or other custody action).

    I think you are better off to consult with a good attorney in Kansas and then with one in Tennessee. My suspicion is that Kansas is where the jurisdiction is for child custody, so why not do it all right there?

    Anyway, I hope this helps a little

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  • Can my VA pension for disability 80% (20,000 p/y) and a job part time that brings in $22kper year be used for alimny considera?

    My wife was caught cheating on me. I am a disabled veteran. My child is autistic. When I told everyone including the spouse of the other man she retaliated with 8 cops at my door screaming neglect. She has worked during the 8 years of our marriage...

    Steven’s Answer

    Maybe. This is a question of Florida Law (if you are in fact in Florida). Put another way, the answer to this question rests with the law of the state where the divorce case occurs. Only a licensed and experienced attorney in that state can tell you for certain. Expect the answer to be YES.

    Good luck.

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  • Can I see the recommendation and findings from the investigating officer?

    I am in the middle of an AR 15-6 investigation for apparently turning in false sick call quarters to my boss. I went to a civilian hospital and not a military hospital. Can they still have access to those records? Also, the IO says that he called ...

    Steven’s Answer

    You have some problems. Your location is pretty specific, and your fact pattern is also unique and specific. You should stop discussing these things on an open forum. You need to speak directly to an attorney not in an open forum. Stop doing this.

    Assume they can get all these records. If an article 15 is recommended you can speak directly to a military defense lawyer. I recommend you consult with a private attorney soon.

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  • What can happen for laughing?

    I would like to know if my Command can punish me for laughing at my Brigade Commander for telling me that I am getting a letter of reprimand. A FLIPL was conducted and I was found liable for a few items that were not mine.

    Steven’s Answer

    Yes. I have done this myself to my own detriment. It feels right. Sometimes the guy in charge is an idiot. Still, laughing at him to his face brings nothing good.

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