Category Archives: Divorce

One Question You Need to Ask Your Attorney!

10/23/2014 BowTieLawyer Leave a comment

Attorneys are asked many a number of hypothetical or convoluted questions.

We are asked basic questions regarding the law, Complex questions regarding strategy and even common sense questions regarding life choices. Of course, attorneys are asked about fees.

But what question is not asked that should be?

“Are you doing things that hurt my case?”

Attorneys are not supposed to, but unnecessarily filing Contempt, having the other party served, igniting or not responding to the other when they should can make things worse. Attorneys are in a position where they can help or they can do damage beyond repair.

Divorce

Who’s #1?

10/14/2014 BowTieLawyer Leave a comment

There has been a lot of debate over who is #1…

There are polls, blogs, fan sites, trolls, media and other hype, but #1 in a Family Law situation has to be the children.

If you ever find yourself not knowing what to do, do what is best for the children. Should you let Jr. go on a trip with dad when it’s not his time?

What is best for Jr.?

Is dad safe?

Is the trip meaningful?

Is it best for Jr.? If you can answer these questions then you know what to do.

So, I have to give in every time? No, but you should be reasonable and if it means you don’t get to “act” like the other parent does, maybe that is a very good thing for Jr. to see!

In a Family Law situation make your children your #1 priority!

Matthew Thompson is a Child Custody lawyer in Mississippi and if you like what I did here, read more at BowTieLawyer.ms

Divorce, Marriage, Opinion

Bad “Divorce” Tattoos?

10/10/2014 BowTieLawyer Leave a comment

What says “My Marriage is Forever” better than a tattoo? Well, maybe saying it.

Below are some potentially “bad” tattoo ideas…

Think this guy likes Brenda? Does Brenda like him?

Hmm…things aren’t exactly lining up.

That heart looks easy to break.

Matthew Thompson is a Family Law Attorney in Mississippi and warns you that tattoos may be longer than your marriage, act accordingly.

Crime, Divorce, General Legal

Update: Mississippi Judge Pleads GUILTY

10/09/2014 BowTieLawyer 3 Comments

As an update from a prior blog, former Mississippi Chancery Judge Joe Dale Walker, has pleaded guilty to Federal charges.

http://davidgaleuk.files.wordpress.com/2012/11/judge-in-jail.jpg

Walker, formerly of the 13th Chancery Court district which includes; Covington, Jefferson Davis, Lawrence, Simpson and Smith counties, was on suspension by the Mississippi Supreme Court for his on-the-bench conduct. He pleaded guilty this week to federal charges that included that he instructed a federal grand jury witness to destroy documents and then lied to FBI agents about it.

According to the FBI, Walker directed an attorney (the witness) he had appointed for a Conservatorship to solicit bids for the construction of a home for the ward. 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.

Walker, knowing that a Grand Jury subpoena was outstanding for information concerning the bidding process, spoke with the witness about instructing his nephew to increase his bid and the original bid and any existing copies.

When interviewed by the FBI, Walker denied talking with the witness about his nephew’s bids and denied telling the witness that the original low bid needed to be “somewhere else.”

U.S. District Judge David C. Bramlette III will sentence Walker Jan. 8. He faces up to 20 years in prison and a $250,000 fine.

The Judge’s suspension, resignation, and guilty plea were a result of the joint efforts of the Mississippi Judicial Performance Committee and the FBI- Public Corruption Unit.

Matthew Thompson is a Family Law Attorney in Mississippi and warns you to NOT lie to the FBI!

Divorce

S.E.Oh No!! SEO, PageRank and Google Search

10/09/2014 BowTieLawyer 1 Comment

I am routinely solicited, harassed and otherwise annoyed by SEO peeps. This despite my usual m.o. of googling them and pointing out that they personally fail at what they are promising me! This group has done this same solicitation prior and I responded similarly…

The Unwelcomed Solicitation:

The Response:

I bet you a dollar and a box a donuts I get another one of these in a few weeks. Stay tuned!

Matthew Thompson is a Family Law Attorney in Mississippi and does just fine on internet searches.

Child Custody, Divorce, General Legal, Modifications, Opinion

5 Family Law FaceBook Don’ts

10/07/2014 BowTieLawyer 14 Comments

FaceBook is mainly used for comparing yourself to your high school friends and stalking persons you just met. Perhaps it can also be useful for bragging on yourself, your child’s latest, cutest thing and driving up “hits” on your blog. However, it is NOT to air your DIVORCE DRAMA!

FaceBook (FB) based evidence has been linked to over 1/3 of divorces filed since 2011 and is increasing. The American Academy of Matrimonial Lawyers states that 81 % of its members have used or been faced with evidence plucked from Facebook, Twitter and other social media sites in divorce cases over the last five years.

What are some of the things NOT to post on FaceBook?

Don’t put that the other party was just a sperm/egg donor
Don’t put that the other party is CRAZY, SATAN or PSYCHO!
Don’t post pictures of yourself licking someone’s face at The Electric Cowboy.
Don’t put pictures of yourself holding an alcoholic drink with 16 empties on the table.
Don’t “check-in” at the Club, at 2:00 a.m., during your custody time with the children.

I have seen FB postings used in Court as circumstantial proof of fault. (Mushy messages to the old flame and hate-filled diatribes against that “dead beat.”) And, FB info has been used as proof with regards to moral fitness in custody battles. Parties in litigation have posted vulgar things about the other party and parties have put pictures of themselves behaving inappropriately on FB.

So you are thinking, “But my FB is set to private. Only my friends can see it and I blocked little Miss So and So.” Well the block may prevent them from gaining direct access, but guess what, you have a mutual friend that is forwarding the postings to your ex and/or that mutual friend is letting them log in under their name. Nothing is private.

Want to know what else to NOT put on FB? 5 more Don’ts.

Share your FB Family Law horror story…maybe I’ll blog about it. Oh, and LIKE me on FaceBook.

Matthew Thompson is a Family Law Attorney in Mississippi and recommends you not post your business on FaceBook.

Divorce, General Legal, Marriage

How to Know if Your (Ex) In-Laws HATE You.

10/06/2014 BowTieLawyer Leave a comment

Divorces don’t only end a marriage. A lot of times they end friendships and extended family connections.

Once that divorce is final sometimes a clean break is best. Sometimes a clean break is not possible…So, how do you know if your former in-laws hate, hate, hate you?

They sue you!

In one case, shortly after an acrimonious divorce was final, the ex-husband received a notice from the bank that his account was being garnished. The call came quickly.

Legal research revealed a law suit in Justice Court. A Default Judgment was entered, which included a money judgment. A Writ of Garnishment was also filed. All of this done, by the way, with NO notice or service on the Defendant.

Who was the intrepid filer, you ask? The now ex father-in-law. He was mad, to say the least.

As justice requires, these actions were set aside. A Motion to Set Aside and Stay of Garnishment were filed. Notice and actual process was served on the opposing party, the proper way. It was proven that the ex father-in-law provided an address he knew to be incorrect for the now ex son-in-law resulting in no notice or process. As there was no Process – meaning actual notice or service, the judgment was void and set aside for a do-over.

What was the issue? A missed vacation and a non-refunded deposit. Yes. The ex father-in-law sued for the return of a vacation deposit that he planned, he paid, that he owed, that he decided not to take because the “family blew up.”

So, can you sue your ex in-law for a missed vacation? Yes. Will you win? No. Should you? No. Does that make you a terrible person? Could be…

Matthew Thompson is a Divorce Attorney in Mississippi and suggests you not sue your family members, if you can help it.

Divorce, General Legal, Opinion

Why Clients Hate Lawyers.

10/02/2014 BowTieLawyer 3 Comments

It can be a love-hate relationship.

http://itsjason.net/wp-content/uploads/2014/02/love-hate-baby-300×199.jpg

Clients hate lawyers for many reasons, but most commonly it is due to the following;

Poor Communication. Communication between lawyers and clients is the #1 complaint. Both, lawyers and clients, are busy. Sometimes its hard to communicate effectively and in a timely manner. This goes both ways and each needs to try to be responsive.
Poor Advice. Just because they are a lawyer does not mean they know everything. Sometimes lawyers get it wrong.
Don’t Do What They Say They Will. Procrastination or not capable of doing what needs to be done, when it needs to be done.
Charging for Everything. Every call, text, email and message, office appointment, and even when they are just thinking about your case.
Misleading About the Total Charges. This is why I hate billable hours. It’s almost always more than “you” think.
Hard Advice. This is different than poor advice. Hard advice is telling you what yo don’t want to hear, but need to hear. Sometimes lawyers are the messenger that gets shot (figuratively speaking, I hope).

Up next? Why Lawyers Hate Clients! Stay tuned.

Matthew Thompson is a Family Law Attorney in Mississippi and tries not to do things to be hated, at least by his own clients…