Category Archives: General Legal

Child Custody, Divorce, General Legal, Opinion

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

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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.

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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

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Divorce, General Legal

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

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

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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

General Legal

Identification is Now Required to Vote in Mississippi (Voter ID)

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Mississippi recently enacted a Voter ID requirement for most citizens in the State.  Regardless of your politics, it is now the law.  The Mississippi Secretary of State, Delbert Hosemann, has done a great job of getting the word out of the new requirement and how to get your Voter ID.  Here’s how;

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Who needs an ID?
All Mississippians voting at the polls will be required to show a photo ID card. Also, individuals voting in person by absentee ballot in the Circuit Clerk’s office prior to Election Day will be required to show a photo ID.

There are two exemptions:

RELIGIOUS OBJECTORS
Any Mississippi registered voter who states he/she does not have acceptable photo identification because of a religious objection to being photographed shall be entitled to vote by affidavit ballot without being required to show a photo ID.  The ballot will not be rejected for this reason if the voter signs a separate affidavit before the Circuit Clerk within five days of the election.

 

ELIGIBLE ABSENTEE BALLOT VOTERS
Eligible Mississippi voters will not need a photo ID if voting by absentee ballot by mail instead of voting in person at the polls or at a Circuit Clerk’s office. This exemption also applies to eligible voters who are Uniformed Military and Overseas Voters (UOCAVA) who cast an absentee ballot by FAX or email.

WHAT IS AN ACCEPTABLE ID?

  1. A driver’s license
  2. A photo ID card issued by a branch, department, or entity of the State of Mississippi
  3. A United States passport
  4. A government employee ID card
  5. A firearms license
  6. A student photo ID issued by an accredited Mississippi university, college, or community/junior college
  7. A United States military ID
  8. A tribal photo ID
  9. Any other photo ID issued by any branch, department, agency or entity of the United States government or any State government
  10. A Mississippi Voter Identification Card

HOW CAN I GET A MISSISSIPPI VOTER ID CARD?
Beginning in January 2014, all Mississippi Circuit Clerk’s offices will be able to issue a FREE Mississippi Voter Identification Card to any eligible Mississippi voter who does NOT have any other form of acceptable photo ID.

WHAT DOCUMENTS DO I NEED TO GET A VOTER ID CARD?
To get FREE Mississippi Voter Identification Card, take any ONE of the following types of documents to the Circuit Clerk’s office:

  1. Any expired but valid photo identity document having the voter’s name and photograph issued by the U.S. government or any U.S. state
  2. A birth certificate or any other document with the voter’s full legal name, date and place of birth
  3. A Social Security card
  4. A Medicare card
  5. A Medicaid card
  6. A Mississippi Voter Registration Card
  7. Any of the following, as long as it includes the voter’s name and current address:
    • Utility bill issued within the preceding six months
    • Bank statement issued within the preceding six months
    • Paycheck issued within the preceding six months
    • Government check issued within the preceding six months
    • IRS Form W-2, Wage and Tax Statement issued within the current calendar year

WHAT IF I NEED MORE INFO?

CALL 1.855.868.3745    or        1.844.MSVOTER

or visit

http://www.MSVoterID.ms.gov

Matthew Thompson is a practicing attorney in Mississippi Family Law Courts reminding you to do your part and Vote.

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.

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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, General Legal

At Your Service; Service of Process

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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.

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

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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

General Legal

Mississippi Judge Suspended

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Chancellor Joe Dale Walker, of the 13th Chancery district which includes;Covington, Jefferson Davis,  Lawrence,  Simpson  and Smith counties, has been suspended by the Mississippi Supreme Court.

Salvatore Vuono /freedigital photos.net

A prior blog post had the contested MS Judicial elections.  This included Judge Walker’s seat, which currently has 2 candidates vying for his seat on the bench.  The blog linked to the issues that were surrounding Judge Walker, which can be viewed on Jane’s Law Blog.

Judge Walker was handling a conservatorship and approved, or had approved by the other Chancellor, an Order or Orders which awarded a construction contract to a relative of the Judge’s.  Judge Walker denies any material wrongdoing and points out that upon realizing the involvement of that family member he transferred it to the other chancellor.  An attorney representing the ward gave statements against the Judge, but then apparently refused to testify at a hearing.  The facts and accusations are somewhat bizarre.   It should be noted it is an interim suspension pending a full inquiry into the allegations.  MS Supreme Court Order (Order).

Matthew Thompson is a practicing attorney in Mississippi Chancery Courts.

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

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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…

Follow the blog: #BowTieLawyer 

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