Category Archives: Divorce

Child Custody, Divorce, General Legal, Opinion

Through the Eyes of Child; What Does Your Child SEE?

03/03/2014 BowTieLawyer Leave a comment

One of the “rules” of Family Law is when you don’t know what the right legal answer is, do what is RIGHT and you will probably be okay.

Doing what is right is not always easy, nor fun. On several occasions I have had client’s faced with seemingly tough decisions or circumstances. One client suspected the spouse of abusing illegal drugs. They did not have direct proof, but knew of drug abuse in the past and had knowledge of very suspicious behavior lately. Their idea was to create a circumstance where they would have the spouse under surveillance when the spouse was out buying drugs. The problem was the suspected spouse would also have the child during that time. I told them that you cannot put your child in that situation…

In other instances, parties have had the other spouse served while they had the children. The problem with this is that it is scary and stressful for the child. Sometimes, it seems, having them served in this manner just cannot be avoided, but if it can, it should be. (See my prior blog on service of process.

Think about your child,what they are experiencing and what they “SEE” before you go and do something to your soon-to-be ex-spouse.

Matthew Thompson is a Child Custody Attorney in Mississippi reminding you to SEE things through the eyes of your child.

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

Different Laws in Different States (Get Advised by an Experienced Attorney in Your State)

02/28/2014 BowTieLawyer Leave a comment

All States have Family Law Courts, but not all Family Laws are the same throughout the Country.

Often I get calls from potential clients from other states. Either they were originally from here and did not know who else to call, their case was originally decided here, or they just heard that State “X” has a certain law. Where you can sue or be sued really regards jurisdiction, blogged previously. Today is about the fact that the law is different from State to State.

There is no uniform code of family law. All states are required to have a child support formula, but not all states calculate it the same way. All states have provisions for divorce, but some states prefer “No-fault” divorces while some require you to have fault grounds, if an agreement cannot be reached. States have different burdens of proof, residency requirements and waiting periods.

Just because your cousin’s friends got something in her divorce in Texas does not mean you can get it in Tennessee.

Matthew Thompson is a Domestic Relations Attorney in Mississippi. Be sure you call an attorney in the appropriate State.

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

Do NOT take this to Court.

02/27/2014 BowTieLawyer 1 Comment

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

02/26/2014 BowTieLawyer Leave a comment

-Shoe

#bowtielawyerms #bowtielawyer

Divorce, General Legal

At Your Service; Service of Process

02/26/2014 BowTieLawyer 1 Comment

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.

02/25/2014 BowTieLawyer Leave a comment

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

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

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

Common Divorce Vocabulary- 8 Terms to Know

02/19/2014 BowTieLawyer 2 Comments

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…

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Divorce, Food Related

The Day I Ruined Valentine’s Day!

02/14/2014 BowTieLawyer 1 Comment

It’s Valentine’s Day. A day earmarked for outward expressions of love, roses and all things pink and red. It is also just another day.

In the Family Law arena, Valentine’s Day can be a litmus test. It determines the state of your union. It could either be a day where he proves he loves you, he proves he loves someone else, or a day just like any other.

One of my favorite Valentine’s War Stories happened a few years ago. I was meeting a friend/client for lunch on V-day. (Don’t worry, I had dinner plans with the significant other, too). As I entered the restaurant I locked eyes with an already seated guest. I gave the acknowledging head nod, meaning I know I know you, though, I was thinking I’m not sure how. I walked past the table, noticing he was on a romantic lunch date with his squeeze. As I met my party for lunch it dawned on me. I know how I know that person. I represent his wife!

As I put the pieces together, I realized his Valentine’s date was not his wife, my client. It was the other woman! My lunch-mate asked me why I had “that” look on my face and I said I am familiar with the table in the corner. He asked, “You mean the couple running out of here?” As I turned to see, sure enough they high-tailed it out of the restaurant before they could enjoy their Valentine’s meal. I ruined their Valentine’s, or at least I like to think so. (The case settled shortly thereafter).

Valentine’s Day is ultimately just another day. Sure, it’s a great time to let the ones you love know it, but so is the day before and the day after.

Matthew Thompson is a Mississippi based Divorce Lawyer, and though he does not ruin many Valentine’s Days, when he does, he ruins it for your soon-to-be ex-spouse.