-Shoe
#bowtielawyerms #bowtielawyer
You Get What You Pay For
-Shoe
#bowtielawyerms #bowtielawyer
Category Archives: Divorce
At Your Service; Service of Process
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
Patience is a Virtue.
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
Common Divorce Vocabulary- 8 Terms to Know
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.
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
The Day I Ruined Valentine’s Day!
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.
Follow the blog: #BowTieLawyer
You may also contact Matthew with your family law case or question at (601) 850-8000
Abandoned, Deserted, Left…
Desertion is one spouse’s willful abandonment of the marriage for at least 1 year without consent, just cause, excuse, or intention to return.
More commonly called abandonment, being left or just plain dumped, desertion is more than just a fight he or she leaving for the weekend. It has to be for 1 year. That is 365 days! Also, the party that did not leave, cannot be materially at fault for the other person leaving. This means you cannot kick him out, then sue for divorce, with no other intervening events.
Desertion can also occur even with no one leaving the house. The “deserted” spouse must demonstrate that he/she did not consent to the “leaving of the relationship” and that a willingness to renew the relationship was refused by the deserting partner. However, if the deserting spouse makes a good faith offer to return and the other spouse then refuses, the refusing party could become the deserter.
Finally, there is a concept known as “constructive desertion.” This occurs when the conduct of one spouse is so bad that it forces the other party to leave. The above requirements still apply as far as the timing and that it could be prevented by a good faith offer of reconciliation.
Desertion is a viable fault ground for divorce, but it must be proven to the satisfaction of the Court and can devolve into a “he said, she said.” Also, just because one spouse leaves it does not mean the other spouse gets all the property. If the Court awards a divorce then a property split will also be done.
Matthew Thompson is a Divorce Attorney in Hinds County, Mississippi and if you’ve been left high and dry it may be time to get down and dirty.
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
Reprise: That Checklist Thing
Great Trial Prep and Trial Checklists from Chancellor Larry Primeaux of the 12th Chancery District of Mississippi. He has a resourceful blog about all things Chancery, Mississippi History and the occasional recipe.
Reprise replays posts from the past that you may find useful today.
UPDATED CHECKLIST OF CHECKLISTS
May 27, 2011 § 2 Comments
Proving your case by proving certain factors is a fact of legal life in Mississippi. I’ve referred to it as trial by checklist. If you’re not putting on proof of the factors when they apply in your case, you are wasting your and the court’s time, as well as your client’s money, and you are committing malpractice to boot.
Many lawyers have told me that they print out these checklists and use them at trial. I encourage you to copy these checklists and use them in your trial notebooks. And while you’re at it, you’re free to copy any post for your own personal use, but not for commercial use. Lawyers have told me that they are building notebooks tabbed with various subjects and inserting copies of…
View original post 95 more words
Things NOT to Brag About.
It’s sometimes hard not to tell the world how great you are. Think Mohamed Ali. I get that. But, there are some things that you should just never brag about in a legal situation.
Never Brag about;
- How well you KNOW the Judge.
- How well your lawyer KNOWS the Judge.
- How you KNEW the outcome before it was Ordered.
- How much money you HID.
- How much you “pulled the wool” over the other side.
- How her attorney was “on the take” for you.
- The FIX was in.
- Bribes being made.
Now this is not a guide on how to deceive. I am not recommending you do these things, but just not talk about them. I am adamant that you should NOT do these things, ever. This includes talking about doing these things. In my experience, I hear comments like this being made falsely to intimidate the other side or just to be plain mean. Comments like this very well could lead to trouble for you even when the comments are false.
Sometimes things are better left unsaid.
Matthew Thompson is a Divorce Attorney in the Mississippi reminding you that you are NOT Dizzy Dean or Mohamed Ali.
Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms
(601) 850-8000 - - BowTieLawyer.MS 