Category Archives: divorce

Child Custody, Crime, divorce, General Legal, Irreconcilable differences, Marriage, Modifications, Opinion

The BEST 2 Rules for Handling your Divorce Case; Don’t Threaten and Don’t Bluff.

07/03/2014 BowTieLawyer Leave a comment

2 Rules in Family Law and Negotiations to live by involve messing with the bull.

#1 Don’t Threaten. Do NOT threaten to take anyone’s kids away, ever. Do NOT threaten to take them to the cleaners. Do NOT threaten to put them under the jail, in the poorhouse or any other unsavory place. Threats, usually, do NOT work and they incite anger, rage, irrational conduct, fear, resentment and a whole lot of legal fees.

#2 Don’t Bluff. Bluffing and getting called on it shows weakness, lack of nerve and gumption. Bluffing in the form of impossible threats, false deadlines and unattainable goals bolsters the other side and invites counter attacks.

So if we cannot threaten and cannot bluff what do we do?

#1 Explain the two courses of action available. 1) The easy way; Settlement, Mediation, working in common accord or, alternatively, door #2) Litigation. Do not threaten action. Take action.

#2 Do it. Do NOT bluff, follow through with taking the actions necessary to accomplish your goals.

Matthew Thompson is a Divorce Attorney in Mississippi, Adjunct Law Professor at MC Law, and part-time soccer coach… and reminds you that when you mess with the bull, you get the horns…

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

divorce, General Legal

We’ll See What the Judge has to say About That…

07/01/2014 BowTieLawyer 1 Comment

“We’ll just let the Judge decide…”

The Judge. The (near) Final Ruler on all legal disputes that cannot be resolved otherwise. There is likely not a more misunderstood and much maligned position. Judges are expected to know-it-all and get it right every time, all the while without acting like a know-it-all. Judges have multiple roles in hearings and trials. Judges have these tasks, among others;

Determines whether the correct legal procedures were followed.
Determines to some extent the procedures for conducting the Court Room.
Determines the witness’ credibility- whether they are truthful or not.
Determines the admissibility of evidence and the weight it should be given.
Whether an attorney’s stated objection to something being introduced or considered is legally proper.
Whether there is a reason to overrule said objection.
How a witness is treated by the opposing attorney.
How the attorneys treat one another.
Maintaining Order among the chaos that the stress, anxiety and emotion that Court brings out of people.

Judges have a large responsibility and the buck stops with them (…mostly, though Appellate relief may be possible). Judges are also human (mostly, I think) and have to adjudge your case based on snap shots presented. Your attorney and your side put a smiley face on your case and a frowny face on the other and the other side does the opposite. The Judge, after a relatively short amount of time, will then make a decision that could very well impact you for the next 20 years or the rest of your life.

Judges try to get it right and are bound to base their rulings on the law as it currently reads applied to the admitted facts and evidence presented. Their decision cannot be based on things not “of record,” meaning facts or evidence not introduced, nor can the Judge do what they or you think the law should be, but rather must apply the law as it is.

Matthew Thompson is a Domestic Relations Attorney in Mississippi and like the old saying goes,”A Good Lawyer knows the law, a Great Lawyer knows the Judge!”

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

Child Custody, divorce, Marriage, Visitation

Best Parenting Advice? Be a Reasonable Parent…All the Time.

06/30/2014 BowTieLawyer 1 Comment

Daily, I am contacted about dilemmas concerning what to do and how to do it regarding parenting?

Can he come to the school program?

What happens if she’s late?

What if…?

The best single piece of parenting advice is;

BE A REASONABLE PARENT ALL THE TIME!

Of course he can go to the school program. Almost anyone can go to the school program. It’s a safe bet that if it’s open to anyone he can go, unless there is a valid Court Order stating otherwise. If she’s running late wait 15 more minutes. Send a text, or bless-it-be, call. See why she’s late. She was late to everything you ever did in 12 plus years of marriage! Why would it be different now?

What if…? As to “What Ifs?” Ask yourself what would a reasonable parent do. Read more about the best thing you can do for your child here.

So, invite your ex to the next event for your child. Go out of your way to be cordial and at least not hostile. Your child wants them there. TEll yourself that you are being the “bigger” person, if you have to. It’s what your children need!

Matthew Thompson is a Family and Child Custody attorney in Mississippi reminding you that acting in your children’s best interests should be your #1 priority!

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

divorce

Take Your Kids on Vacation

06/24/2014 BowTieLawyer Leave a comment

It doesn’t have to be expensive, exotic or even annually, but take your kids on vacation.

Vacation settings allow you to see yet another side of your child. They say funny things, they interact with new people and travel creates memories that you will all have forever.

This is just as important in a divorce setting. Set some time aside and plan an overnighter, weekend or even a day trip. Get out there.

Matthew Thompson
#bowtielawyerms #vacation2014

divorce, General Legal, Opinion

Leave Your Guns at Home…

06/18/2014 BowTieLawyer 1 Comment

No. This is not anti-open carry, which Mississippi allows by the way. This is about what not to take to Court.

Courthouses are upping safety measures. As you can imagine, high emotion, high drama and looming consequences are involved in cases daily. Because of this, safeguards have been and are being implemented throughout Courthouses. Metal detectors, handhelds, bag searches are routine. Litigants routinely have to hike back to the car to put up their purses and phones.

Here’s What You Don’t Take to Court:

Any weapon. No guns, knives, clubs, mace, etc… if it’s “evidence” let the lawyer deal with it.
Cell phone. The bane of the Judge’s existence these days, most are prohibited by the Court and a few Courts even disallow the lawyers from having cell phones. Very frustrating.
Purse. Yes, they are apparently just a large assault bags, full of narcotics and recording devices.
Recording Devices. There’s a Court reporter, unless you have specific permission having a recording device may well get you in trouble.
Drinks. This is elementary.
Gum. This is kindergarten.
Your girlfriend. She will just anger the wife and the judge. No good comes from this.

Matthew Thompson is a Mississippi Family Law attorney and as Johnny Cash sang, “Don’t take your guns to town.”

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

Child Custody, Child Support, divorce, General Legal, Grandparent Visitation, Irreconcilable differences, Modifications, Visitation

But, I Cannot Afford an Attorney…Low to No Cost Help is Out There.

06/16/2014 BowTieLawyer 2 Comments

Can you afford an attorney? More often than not, you cannot afford to go without an attorney!

Oftentimes I hear, “I want the best!

We’re going to take this one all the way!

No, I don’t have any money...”

Having no money is a problem, but more often than not it’s more of not being willing to pay the money you do have. In Family Law, in all but the rarest of incidences you do not have the right to have an attorney appointed to represent you. This is a common misconception. In the Criminal arena you do have the right to an attorney. While Civil issue may be no less important to you the protections afforded to Civil litigants are typically lesser.

So, what do I do? If you really have no money there are 3 great resources for Civil Litigants.

Mississippi Volunteer Lawyers Project. MVLP handles civil matters, through volunteer attorneys for low income persons in Mississippi. (Primarily Uncontested Divorces, Guardianships and Expungements, etc…)
Phone: 601-960-9577 Fax: 601-944-9678 Email: mvlp@mvlp.org Jackson Office.

Mississippi Center for Legal Services. Legal Services handles civil matters, through in-house and some volunteer attorneys for low income persons in Mississippi in a variety of Civil matters. (Uncontested Divorces, Adoptions, Name Changes, Disability, Consumer, Education Law matters, etc…)
Contact the State-wide Intake Hotline at 1-800-498-1804

Mission First Legal Aid. Missions First uses a combo of in-house and volunteer attorneys, but offers a more limited scope of representation. (Family law matters, Government Benefits, Housing,and Debt, but they do not handle divorce cases.) Approached from a mission, christian-based model of service.
Legal Aid Office, please call 601.608.0056

Matthew Thompson is a Mississippi Family Law attorney and volunteers with all 3 entities above.

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

divorce, General Legal, Opinion

Signs of an Unreasonable Client…

06/12/2014 BowTieLawyer 3 Comments

Does your lawyer avoid you like the plague, saying he’s in “Court,” or she’s in depositions? Maybe they are, or maybe you are an unreasonable client!

Signs of an Unreasonable client:

You want it yesterday. (Most things are not emergencies and even the basics take time to get right. Allow adequate time.)
You want it your way. (This is not Burger King. Usually, doing it your way leads to the mess that you are now in.)
You do not heed advice. (Similar to wanting it your way, you ignore instructions such as “DO NOT COMMUNICATE WITH HIM IN ANY MANNER WHATSOEVER!” and then you call, text, email and send smoke signals and a fight ensues.)
You blame the messenger. (A lot of times attorneys have to deliver crummy news due to bad circumstances. It’s is not because we want you to suffer, but it is because that is the way it is.)
You think everything is an EMERGENCY. (It’s not.)
You want something for nothing. (You may well get what you pay for.)
You paid last year and think they owe you. (That was a year ago. See You want something for nothing.)
You call the office, leave a message, call the cell phone, leave a message, send 2 texts, send 1 email, and call the paralegal all within 3 minutes and it is NOT an emergency. (This is wholly unnecessary.)

Matthew Thompson is a Mississippi Divorce attorney and knows a thing or two about unreasonable clients. If you identify with 2 or more of the above you may well be an Unreasonable Client, see your lawyer at their next available appointment for treatment.

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