All posts by BowTieLawyer

Matthew operates the Thompson Law Firm, pllc, a Mississippi based Family Law firm emphasizing; Divorce, Child Custody, Child Support, Modification, Contempt and Appeals, handling family law cases throughout Mississippi. (601) 850-8000 Matthew@bowtielawyer.ms www.BowTieLawyer.ms
Divorce, General Legal

Do NOT take this to Court.

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Spending many hours in Courtrooms throughout the State of Mississippi I have learned some things and seen some stuff.  Today are the things that you should NOT bring to Court.

So you know to bring the evidence you need, your witnesses, and your attorney.  But, what should you NOT bring:

  • Food/Drinks.  This is a standard Court rule.  There are usually vending machines in the halls.  Even attorneys cannot get away with this one.
  • Cell Phone.  Again a fairly standard procedure.  With every phone having audio and video recording options, cell phones are on the short-list of no-nos.
  • Purse.  My purse?  Yes.  The Court does not allow purses these days.  Leave it in the car.
  • Weapons.  Any kind of weapon, including but not limited to pocket knife, scissors, obviously firearms.  Most Court have metal detectors.
  • Hotheaded Relatives or Friends.  The Court does not need your Uncle in the audience guffawing, sighing, snickering or gossiping during Court. If he cannot control himself he’ll be removed from the Courtroom anyway.
  • Crying Babies.  The days of babies being necessary for Court are over.  No longer will the jury/judge look at the baby and look at the putative father to see if there is a resemblance.  Don’t take a baby to Court.

Matthew Thompson is a practicing attorney in Mississippi Divorce Court.  NO SHOES, NO SHIRT, NO COURT!

Divorce

You Get What You Pay For

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-Shoe

#bowtielawyerms #bowtielawyer

Divorce, General Legal

At Your Service; Service of Process

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Service. Service of Process. Process. Notice, actual & constructive.  This is not the beginning to an obtuse legal poem, it’s the papers you get.( Or don’t get)

When were you served? How were you served? Who served you?  All of these are questions that you will be asked up front by your attorney when discussing your legal situation.  The timing of service, the manner in which you were served, what you were given and by who are ALL critically important.

Typically, you are required to be personally served with process.  This means that an adult person, not a party or attorney to the action, should hand you the Petition seeking relief and a Summons issued by the Court.  There could be other documents, multiple summonses, but the Petition (or Complaint) and a Summons should be there for proper service.  There are also exceptions that allow service to be accomplished other than by personal service.  A family member could accept, you or your attorney could waive service, and there are provisions for certified mail and publication service procedures.  It can actually be a complex issue and just because you have papers in hand, it still may not be perfected service.

Pay close attention to the papers you are given, when you are given them and who gave them to you.  Your legal life may depend upon it.

Matthew Thompson is a practicing attorney in Mississippi Chancery Courts and deals with service of process issues routinely.

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law case or question at (601) 850-8000 or Matthew@bowtielawyer.ms

 

Divorce, General Legal

Patience is a Virtue.

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I’m sitting in Court this morning with some very impatient people around me.

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People who would rather be anywhere but here, I gather.  So, what’s the take away? Court does not always start at 9:00 sharp, or even on time. Be patient.

The importance of your case pales in comparison to someone else’s case, at least to them. Be patient.

Take a crying baby into Court, try everyone’s patience.

Matthew Thompson is a practicing attorney in Mississippi Chancery Courts and is usually patient.

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law case or question at (601) 850-8000 or Matthew@bowtielawyer.ms

General Legal

Mississippi Judge Suspended

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Chancellor Joe Dale Walker, of the 13th Chancery district which includes;Covington, Jefferson Davis,  Lawrence,  Simpson  and Smith counties, has been suspended by the Mississippi Supreme Court.

Salvatore Vuono /freedigital photos.net

A prior blog post had the contested MS Judicial elections.  This included Judge Walker’s seat, which currently has 2 candidates vying for his seat on the bench.  The blog linked to the issues that were surrounding Judge Walker, which can be viewed on Jane’s Law Blog.

Judge Walker was handling a conservatorship and approved, or had approved by the other Chancellor, an Order or Orders which awarded a construction contract to a relative of the Judge’s.  Judge Walker denies any material wrongdoing and points out that upon realizing the involvement of that family member he transferred it to the other chancellor.  An attorney representing the ward gave statements against the Judge, but then apparently refused to testify at a hearing.  The facts and accusations are somewhat bizarre.   It should be noted it is an interim suspension pending a full inquiry into the allegations.  MS Supreme Court Order (Order).

Matthew Thompson is a practicing attorney in Mississippi Chancery Courts.

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law case or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Child Custody, Divorce, General Legal, Irreconcilable differences, Visitation

Common Divorce Vocabulary- 8 Terms to Know

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Lawyers have their own language. It’s a mishmash of legal jargon, Latin phrases, arcane vocabulary words and .50 cent words to make us sound smart.  Here are just a few of the common terms.

Final Judgment of Divorce, or Final Judgment or Decree of Divorce or Final Order of Divorce.

This is the technical divorce.  This is the document that once signed by the Judge and filed by the clerk means you are divorced.  Every single case will have this document.

Property Settlement Agreement, PSA, Marital Dissolution Agreement, MDA, Final Separation Agreement, etc.

These are your “divorce papers.”  This recounts your rights, obligations, and the terms of your divorce. If your divorce ended via an Agreement you will have one of these.

Opinion of the Court.

These are your “divorce papers” if the Judge decided your case.  If you did not agree, but went to Court and the Judge ruled you will have, most likely an Opinion and Final Judgment.

Qualified Domestic Relations Order

This is how divisible retirement accounts are divided and apportioned to each party without tax consequences.  Commonly referred to as a QDRO (pronounced quah-drow) .  Depending on what you do with the funds after the QDRO transfer ultimately determines if there are taxes, what amount and penalties, if any.

No Fault Divorce.

It’s not technically “No Fault” in Mississippi, but rather Irreconcilable Differences or (ID).  This requires the parties to agree to the divorce and all the terms, which include custody, support, alimony and division of the property both real and personal.  This would be detailed in the Property Settlement Agreement.

Fault Divorce.

A divorce granted on fault grounds; adultery, cruelty, drunkenness, drug use, etc.

Real Property.

The house(s) and land.

Personal Property.

The stuff; cars, couches, TVs and spoons.

Child Custody

A determination of both legal and physical child custody.  Sometimes referred to as primary or joint or sole or paramount.  Each possibly meaning something different and then Visitation thrown in for good measure.

Matthew Thompson is a Mississippi based Family Law Attorney and Adjunct Professor of Domestic Relations.  Knowledge is Power, the more you know…

Follow the blog: #BowTieLawyer 

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Crime, Marriage

And another…Sentenced to 8 Years, Married Co-Defendant and are Soon-to-be-parents!

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Earlier today I blogged on a Judge sentencing a convict to 50+ years for murder, performing the wedding ceremony and baking the wedding cake. Now Mississippi  is trying to top that.

A Lee County Court sentenced a man to 10 years, with 8 to serve and restitution to be paid for crimes that he plead guilty to.  Additional sentencing for other criminal charges were suspended due to the above sentence.  Shortly after sentencing, the same Judge married the man and his girlfriend.  His girlfriend was 8 1/2 months pregnant at the time and just so happened to be a co-defendant in the additional charges (house burglary).  Now wife has pleaded not guilty to the burglary charges and is out on bond, awaiting her day in Court.

The Judge commented that he normally does not do this, but “I’m doing this because she’s pregnant.”  You can click the link for the dmNEWS video of the ceremony!

There is no indication that the Judge baked a cake, nor that any refreshments were served.  The parties intend to have a reception in 8 years.

Matthew Thompson is a Mississippi based Divorce Lawyer and cautions you that a wedding immediately after your spouse is sentenced does not bode well for a romantic love story.

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law case or question at (601) 850-8000 or Matthew@bowtielawyer.ms

General Legal, Marriage

Sentenced to 50 years. Married. Bake me a Cake.

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In what is the most bizarre story so far this year, (sorry Charlie Sheen), a California Judge who oversaw a murder trial sentenced the convicted to 53 years in prison then performed a wedding!

Danne Desbrow was first sentenced for murder, then married, all by the same judge! (Screenshot/UT San Diego) http://laist.com/2013/09/30/prisoner_sentenced_then_married_by.php

After the trial resulted in a conviction for murder, the matter was reset for sentencing.  The convicted was sentenced to 50 years for murder plus 3 years for intimidating/threatening a witness.  After the sentence was handed down the Judge cleared the Courtroom, except for Court staff the convicted and his fiancée.  The Judge then performed the wedding ceremony wherein  the convict married his girlfriend, who he had rekindled his relationship with while he was in jail awaiting his murder trial.  To top it off, the Judge baked the cake that he parties enjoyed after the ceremony.  Reports indicate it was a frosted, vanilla Bundt cake.  The judge sliced the couple each a piece prior to the ceremony, as reportedly, she was uncomfortable with a knife being around the convicted.

The victim’s family is  understandably upset.

Matthew Thompson is a Mississippi based Divorce Lawyer and predicts that this match will not last.

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law case or question at (601) 850-8000 or Matthew@bowtielawyer.ms