Category Archives: divorce

Courtroom Jitters

03/07/2014 BowTieLawyer 1 Comment

Testifying in Court is the most nerve-racking experience for the parties in a case.

The number one phobia among human beings is public speaking, not death, heights, or spiders. Evidence of this can be seen daily. Add to it the pressure of being involved in serious litigation and Courtroom Jitters are to be expected.

I have seen witnesses forget the answer to the most basic of questions due to stage fright. I had a witness forget her address, the one where she had lived for years. I’ve seen a deposition transcript where the husband going through a divorce lost his cool when asked his name. To him the question was insulting because they had been married for years. The anxiety of being in that situation got the better of him.

A colleague told me she had a witness freeze while being questioned about adultery and then lie about the affair even though he knew the other side had “it” on video! After the lie the attorney requested a short recess. The client said he panicked and just said,”NO!” ( while Nancy Reagan would have been proud, it was perjury). After the recess the opposing attorney asked to play the video to impeach the witness. The witness admitted the affair, but it was too late. The court ordered the video be played.

Matthew Thompson is a Divorce Litigation Attorney in Mississippi. Stage fright happens and is real. The best advice is avoid Court. The second best advice is prepare, prepare, prepare.

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

Crime, divorce, General Legal

When a Whisper is Not a Whisper; The Lost Art of Whispering

03/06/2014 BowTieLawyer Leave a comment

At the movies, the library and the classroom you get in trouble for talking. Whispering is requisite.

In Court, whispering, too, is a critical skill. On numerous occasions I have heard many a too loud whisper.

Yesterday I blogged about getting caught taking a bow tie selfie and learning of me getting busted via a too loud whisper.

On another occasion I was taking a deposition and the issue of whether my client had a gun in her car was brought up. She denied having a gun. The soon-to-be ex “whispered” to his attorney that he knew where it was in her car because he put it there!

Learn the ART of Whispering.

Matthew Thompson is a Child Custody Attorney in Mississippi and Whispers quietly.

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, 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