What a lawyer says matters. Not that it’s more important than what your Doctor or Pastor says, but if a lawyer is wrong you and he/she may get in trouble. Lots of trouble.
Often I am asked “Can you answer just one simple question?” The problem is the knowledge and information necessary makes neither simple nor just one question. For example, “Will I have to pay Alimony?”
To Answer that with even a remote chance of “getting it right,” one needs to know;
What do you do?
What does your spouse do?
Respective incomes?
Earning Capacities?
Education?
How long since you’ve last worked?
How long since she’s last worked?
Are there minor children in the home?
What age?
How long have you been married?
Marital fault?
How much is the marital estate worth?
Is it liquid?
How much is the separate estate worth?
What else is the spouse receiving?
Just one simple question…
Matthew Thompson is a Domestic Relations Attorney in Mississippi and reminds you that Mississippi is indeed an “Alimony state.”
Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms
Valuing your stuff in a divorce can be a pain. Everything you have is not worth much compared to what that jerk took. Well, except for the house, the car, the jewelry, etc…
All assets owned by parties in a divorce action are to be valued. Even disregarding the marital versus non-marital arguments, a value for every asset is necessary for the Court to consider equitable distribution, how to divide your stuff.
Mississippi case law provides that a Court shall address certain factors when determining the equitable division of the assets owned by the parties involved in a divorce action. A lineage of cases including; Cheatham, 537 So.2d at 438., Haney III, 907 So.2d at 954. , andFerguson v. Ferguson, 639 So.2d 921 (Miss. 1994) give factors for the Court to evaluate when determining the division of assets. The Ferguson factors should be applied in all appropriate situations, including;
#3. The market value and the emotional value of the assets subject to distribution. #4. The value of assets not ordinarily, absent equitable factors to the contrary, subject to such distribution, such as [non-marital assets].
The Court has held that an owner can express an opinion about the value of something they own. So you can say what you think it’s worth, however an appraisal would remove most of the uncertainty.
Everything needs to be valued and be careful of overvaluing his items and undervaluing yours. It’s been done before.
Matthew Thompson is a Family Law Attorney in Mississippi and reminds you that sometimes one man’s junk is another man’s junk, too.
Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms
“We’ll just let the Judge decide!” famous last words…
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Court can take a while for a myriad of reasons.
From filing and just getting a Court date, which could be 3 months to 13 months in the future, to finding and serving the Defendant with proper process, can take longer than expected.
A mistake in not attaching the correct summons, having the incorrect date or time or not properly signing the papers can all lead to delay.
The Judge’s schedule can cause delay. The trial from yesterday may bump you. An Emergency in another matter will bump you. A Commitment, Domestic Violence matter or even one that will be “real quick” can bump you.
Slow witnesses, attorneys that ask a lot of questions, even pointless questions cause delay. Unavailable experts, extra long lunch breaks and multiple recesses add to the length.
Injuries, illnesses and hospital visits delay trials. Also, if you don’t finish in the time allotted, don’t assume you will bump tomorrow’s trial, because you might not!
Not to mention CONTINUANCES.
Even when the trial is over your case may not be. The Court has up to 6 months to Rule on your matter.
Court can take longer than it should and once you find yourself in contested litigation you may well not have a choice but to go along for the ride.
Matthew Thompson is a Family Law Attorney in Mississippi and knows that the Wheels of Justice Can Turn Slow.
Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms
While the scientific data is still out as to the existence of soulmates, one thing is for sure. If you break up with your Soulmate for a much younger soul, she will hate you!
Upon Brinkley’s ex, the Piano Man himself, Billy Joel, getting married to his soulmate, Brinkley tweeted, “Congratulation[s] to the glowing bride and groom. And to my daughter Alexa, who has a wonderful friend in Alexis! Wishing the growing family every happiness!”
Sounds sweet, right?
However, Alexa is the daughter of Brinkley and Joel. She is just four years younger than her new stepmother, hence their “friend”ship. Brinkley also noted the “growing family” hinting that perhaps the new Mrs. Joel is with child.
Matthew Thompson is a Family Law Attorney in Mississippi and is developing a new theory on Soulmates. He advises his clients, their exes and their new flames to all just get along…
Mississippi was recently determined to be the “most corrupt” state. It appears we may be deserving of that title…
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A post earlier this year told of the woe of Judge Joe Dale Walker and self-dealing from the bench which lead to his removal, conviction and incarceration.
In summary, Walker instructed a federal grand jury witness to destroy documents and then Walker lied to the FBI about it.
Walker appointed a Conservator to solicit bids for the construction of a home for a ward, a litigant in his Court. Of the bids obtained, one was from the Judge’s nephew. The Judge reviewed the bids in his office and instructed his nephew to increase his bid. Walker then transferred the case to the other Judge in the district for the limited purpose of accepting and approving the bid because of his nephew’s involvement. After the contract was awarded to Walker’s nephew, the case was transferred back to Walker by the second Judge.
This conduct lead to his demise. But, the story is not over…
The second Judge, David Shoemake, is now in the hot seat over the same allegations.
Magee News
Shoemake originally denied signing the Order approving the bid. The Mississippi Commission on Judicial Performance conducted an investigation into these allegations.
Concerning the order dated August 2, 2011, Shoemake testified at a Judicial Performance Show Cause Hearing, “I’ll say no, it’s not my signature. It looks like my signature. But I don’t think it’s my signature. I think it’s been transposed or cut and pasted or something.” (Ex. 4 at 30). As the questioning continued concerning that order, Shoemake grew more insistent:
Q: So you maintain that this is not your signature on the order filed on August 9th and dated August 2nd?
A: Yes ma’am, that’s what I maintain. And, if you will notice, the order that has the date August 2nd, 2011, has been cut and pasted. It’s got three computer fonts on the front page. And it tries to cut in this language from the copy of the order that she sent me at 3:59 an [sic] August 2, 2011. So the order has obviously been messed with. Somebody has cut and pasted. (Ex. 4 at 37).
Shoemake then stated, “I have never in my life signed a second page with a signature blank on it and that’s all; as a lawyer doing deeds or accepting deeds or any kind of document. I would not have signed my name on a page with my signature blank alone, because it just throws into credibility the first page. You can change the two pages, make them interchangeable.“
His testimony “changed” following a handwriting analysis. The Commission had a handwriting analysis conducted which determined that it was in fact Judge Shoemake’s signature on all Orders in controversy.
At a Formal Hearing before the Judicial Performance Commission, Shoemake admitted signing all of the orders in controversy. He argued he was justified in signing the orders after transferring the matter back to Walker because that was customary, he “didn’t see anything wrong with it at that time . . . I have jurisdiction. And judges can accommodate one another in the same district.” (T. at 202). In fact, he never gave that a second thought: “don’t remember that even being an issue.” (T. at 341). He stated he only did it because he was told that was what Walker wanted.
When was asked at the Formal Hearing why, at the prior hearing, he did not simply explain that he signed the orders because he was told that was what Walker wanted, he stated, “I can’t answer that. I don’t know.” (T. at 346).
The current allegations are limited to conduct on the bench and whether they are violations of the Cannons of Judicial Ethics.
Follow the blog: BowTieLawyerVisit the website: Thompson Law FirmYou may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms
He was talking about Gambling, but it’s good advice for life in general and specifically for Family Law.
You would do well to know what are deal breakers in your relationship. Some issues can and should be dealt with, some issues (read arguments) aren’t worth having. Sometimes it’s best to “walk it off” and let cooler heads prevail and sometimes you just need to run. Run away. It’s too complicated, hard, and not good, ultimately for either party, or the kids, or the extended family.
Matthew Thompson is a Family Law Attorney in Mississippi and encourages you to be like Kenny Rogers. No, don’t sing country music and have “some work” done in your later years. But, know what’s worth fighting for and when to walk away…
There could be a law school class; Charlie Sheen and the Law.
Charlie on Restraining Orders:
“Great. I was already planning on staying 100 parsecs away from her.” (A parsec is a unit of length equaling 3.26 light-years.)
Charlie on being “Bi-Polar:”
“I’m bi-winning. I win here and I win there. Now what? If I’m bipolar, aren’t there moments where a guy like crashes in the corner like, ‘Oh my God, it’s all my mom’s fault!’ Shut up! Shut up! Stop! Move forward.
Charlie on suing CBS:
“They’re trying to destroy my family, so I take great umbrage with that. And defeat is not an option. They picked a fight with a warlock.”
Charlie on why he is a “Winner:”
“I’m sorry, man, but I’ve got magic. I’ve got poetry in my fingertips. Most of the time — and this includes naps — I’m an F-18, bro. And I will destroy you in the air. I will deploy my ordinance to the ground.“
Charlie on Drugs:
“I am on a drug. It’s called Charlie Sheen. It’s not available because if you try it once you will die. Your face will melt off and your children will weep over your exploded body. It’s too much.”
Matthew Thompson is a Family Law Attorney in Mississippi and has not met Charlie Sheen.
Follow the blog: #BowTieLawyerVisit the website: #Thompson Law FirmYou may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms
The U.S. Supreme Court has spoken. Restrictions as to who can marry based on Gender are Unconstitutional.
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Obergefell v. Hodges, as of today, a Landmark case in U.S. History has determined that States cannot restrict marriage to only persons of the opposite sex.
A summary of the analysis, held, in part:
“Four principles demonstrate that the [right to] marriage [applies] with equal force to same-sex couples.
First…the right to personal choice regarding marriage is inherent in the concept of individual autonomy… marriage and liberty is why Loving invalidated interracial marriage bans under the Due Process Clause. See 388 U. S., at 12. Decisions about marriage are among the most intimate that an individual can make. This is true for all persons, whatever their sexual orientation.
Second…the right to marry is fundamental because it supports a two-person union unlike any other in its importance to the committed individuals…Same-sex couples have the same right as opposite-sex couples to enjoy intimate association, a right extending beyond mere freedom from laws making same-sex intimacy a criminal offense. See Lawrence, supra, at 567.
Third…protecting the right to marry…safeguards children and families …and the related rights of child-rearing, procreation, and education. See, e.g., Pierce v. Society of Sisters, 268 U. S. 510. Without…marriage…children suffer the stigma of knowing their families are somehow lesser. …The marriage laws at issue thus harm and humiliate the children of same-sex couples. See Windsor, supra, at ___.
Fourth… marriage is a keystone of the Nation’s social order. See Maynard v. Hill, 125 U. S. 190, 211. States have contributed to the fundamental character of marriage by placing it at the center of many facets of the legal and social order. There is no difference between same and opposite-sex couples with respect to this principle… The limitation of marriage to opposite-sex couples may long have seemed natural and just, but its inconsistency with the central meaning of the fundamental right to marry is now manifest. Pp. 12–18. (3)
The right of same-sex couples to marry is also derived from the Fourteenth Amendment’s guarantee of equal protection.
Arguments that allowing same-sex couples to wed will harm marriage as an institution rests on a counterintuitive view of opposite-sex couples’ decisions about marriage and parenthood. ..the First Amendment ensures that religions, those who adhere to religious doctrines, and others have protection as they seek to teach the principles that are so fulfilling and so central to their lives and faiths. Pp. 23–27. (c)
The Fourteenth Amendment requires States to recognize same-sex marriages validly performed out of State. Since same-sex couples may now exercise the fundamental right to marry in all States, there is no lawful basis for a State to refuse to recognize a lawful same-sex marriage performed in another State on the ground of its same-sex character. Pp. 27–28.”
Commentary:
If you are otherwise eligible to marry, a restriction based purely on gender will not prevent you from marrying. Mississippi is getting more change than I think she cares to get, but same-gender marriage is now the law of the land. This is truly not a surprising result.
Also, the third point is precedent to allow same-gender adoption.
Matthew Thompson is a Family Law Attorney in Mississippi, admitted to practice before the U.S. Supreme Court, and predicts an increase in Family Law cases soon.
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