Matthew Thompson is a family law attorney and suggests you seek the advice of an attorney before you brew or drink any “tea.”
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@wmtlawfirm.com.
Post hoc ergo propter hoc, along with being a mouthful, is Latin for “after this, therefore because of this.” In laymen’s terms, one thing happened after another, therefore it was caused by the prior. A rough example is;
We had a pile of Rags in the corner.
Pretty soon we noticed Rats hanging around the pile of Rags.
Rags begat Rats.
However, this argument is not always correct or legally persuasive. This was discussed in an episode of the West Wing. The clip below demonstrates.
Click and Click again. Post Hoc Ergo Propter Hoc
Matthew Thompson is a family law attorney and earned a Cum Laude score on the Nation Latin Exam in the eighth grade.
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@wmtlawfirm.com.
I will be mediating a family law case, or rather agreeing to mediate a divorce, custody and property division case in the near future. Mediation is a process whereby the parties agree to meet and attempt to resolve all issues prior to going to trial or without having to go to trial.
In a mediation the parties agree to hiring a third-party, typically another attorney or retired judge, to “hear” their case. Now the mediator is NOT the main authority. In fact, the mediator cannot compel either of the parties to do or agree to anything. The mediator’s role is to point out the strengths and weaknesses of each sides case and to try to find common ground. Sometimes the mediation is based on reason and logic and sometimes it is based on emotion or just some number someone is trying to reach. Almost anything can be mediated, though a rule of thumb is to not mediate when not prepared factually, legally (research wise), or with an abuser.
Pros:
Cons:
Mediation is not a silver bullet to end litigation. It is just another implement in the tool box of resolving and litigating cases.
Is mediation right for you? Almost any matter can be mediated. Speak to your attorney for more information.
Matthew Thompson is a family law attorney and believes in the mediation process, though it may not be right in every situation.
I don’t know who to photo credit this picture, but hat tip to Hunter Brewer for sharing on FB this morning.
Matthew Thompson is a family law attorney and knows that being a great parent is a full-time job.
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@wmtlawfirm.com.
In Family Law, dealing with divorce and child custody issues are enough to keep any attorney busy. With ever-changing emotions, gray areas of the law relating to dividing assets and assessing how a particular judge may determine the best interests of a child, attorneys and clients don’t need more on their plate to deal with. But, there is more…Jail!
I have previously blogged on going to Jail for having sex and not paying child support, but there is another reason folks go to jail in their family law case, letting their emotions get the best of them.
It is quite common for Family law matters to “spill over” into Justice Court or Municipal Courts. Most commonly are assault, trespass and domestic violence violations. I have included portions of the statute for you to review, below and italicized common issues.
The severity of these charges depends in large part on the severity of the circumstances, the severity of injuries, if any, and whether there is a history of violations or abuse. Unfortunately, it is not uncommon for one spouse to attempt to use these criminal allegations to “one-up” the other and attempt to use the criminal charges as leverage in divorce negotiations.
Lawyers would be wise to warn their clients about the possibility of a client losing their cool, even once, leading to criminal charges and that, perhaps, their former significant other may “create” circumstances in the hopes of using those against them in a later or pending divorce action.
§ 97-3-7. Simple assault
(1) (a) A person is guilty of simple assault if he (i) attempts to cause or purposely…causes bodily injury to another; (ii) negligently causes bodily injury with a deadly weapon… or (iii) attempts by physical menace to put another in fear of imminent serious bodily harm; shall be punished by a fine of not more than Five Hundred Dollars ($ 500.00) or by imprisonment for not more than six (6) months, or both.
§ 97-17-85. Trespass; going upon inclosed land of another
If any person shall go upon the enclosed land of another without his consent, after having been notified by such person …not to do so …or shall remain on such land after a request by such person; shall, upon conviction, be fined not more than Fifty Dollars ($ 50.00).
§ 97-3-7. Simple domestic violence; Aggravated domestic violence
(3) A person is guilty of simple domestic violence who commits simple assault as described in subsection (1) of this section (see simple assault) against a current or former spouse … upon conviction, the defendant shall be punished as provided under subsection (1) …a third conviction of simple domestic violence…within five (5) years, the defendant shall be guilty of a felony and sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years.
§ 97-3-7. Aggravated domestic violence
(4) A person is guilty of aggravated domestic violence who commits aggravated assault as described in subsection (2) of this section against, or who strangles, or attempts to strangle, a current or former spouse … Upon conviction, the defendant shall be punished by imprisonment in the custody of the Department of Corrections for not less than two (2) years nor more than twenty (20) years… a third conviction of aggravated domestic violence…within five (5) years, the defendant shall be guilty of a felony and sentenced to a term of imprisonment of not less than ten (10) nor more than twenty (20) years.
(2) (a) A person is guilty of aggravated assault if he (i) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life; (ii) attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or (iii) causes any injury to a child who is in the process of boarding or exiting a school bus in the course of a violation of Section 63-3-615; and, upon conviction, he shall be punished by imprisonment in the county jail for not more than one (1) year or in the Penitentiary for not more than twenty (20) years.
Matthew Thompson is a family law attorney that has only been to jail to help his clients get out. He intends to keep it that way and hopes (advises) that you do too!
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@wmtlawfirm.com.
Valentine’s Day is one of the most popular days to get engaged! Along with Christmas and New Years, Valentine’s Day is the holiday for popping the question. But who gets the RING if things don’t pan out?
In Mississippi, the ring is a pre-marriage gift. It can be argued that the ring is actually a conditional gift creating a contractual obligation. How Romantic!
Here’s the scenario. An offer of marriage is proposed and a ring given in exchange for a “Yes,” being an agreement to marry. So long as both parties uphold their end; the fellow gives the ring and the lady marries the fellow = offer + acceptance & valuable consideration. At this point the contract is fulfilled and the rings is now the property of the lady. But what if they were only married for a minute? Well, if they married the contract is fulfilled. Certainly, there could be exceptions due to fraud or overreaching, but these are not typical.
The chancellor properly concluded that the engagement ring was a gift from [the fellow] to [the lady]. That gift necessarily predated the marriage of the parties. Thus, it was an asset brought by [the lady] into the marriage and was not a marital asset subject to equitable division. MacDonald v. MacDonald, 698 So.2d 1079 (¶ 13) (Miss.1997). It was, therefore, beyond the chancellor’s authority to order [the lady] to return possession of that item to [the fellow] and the refusal to do so cannot constitute reversible error on appeal. Neville v. Neville, 734 So.2d 352 (Ms.App. 1997).
Want to be safe, legally speaking anyway? Then make your marriage proposal contingent, as follows*:
“Dearest One,
I love you and desire to marry you. As a symbol of same, I am making a wholly contingent offer to you of this ring, of significant monetary and sentimental value, but a likewise sizable lien against same, in exchange for your promise to marry me. In the event that we do NOT get married, then said ring shall be returned to me in the same condition as presented, or alternatively you may elect to assume said lien, in full, for said ring and shall indemnify and defend me from any liability thereon. ‘Will you accept this rose?'” *(a paraphrase of colleague J. Kitchens)
Matthew Thompson is a family law attorney that you can engage in the event you need a divorce, and if you use the above contingent marriage proposal, you just might!
I previously blogged on 5 Family Law FaceBook Don’ts. This was a very popular blog topic and continues to generate a lot of traffic. This post lists 5 more things you should not be doing on FaceBook with regards to your family law case.
Posting inappropriate stuff on FB is not just an American thing. 1/5 of Australian divorces use FB postings to discredit some testimony that was offered by one party and FB activities are showing up in about 1/3 of United Kingdom divorce cases. Familyandthelaw.com.au
5 More Things not to Put on FaceBook:
Stay tuned for more FaceBook don’ts, as I have enough material to make this one a series and unfortunately am learning of new things not to do on an almost daily basis.
Matthew Thompson is a family law attorney in Mississippi that strives to not put inappropriate things on FB and thinks you should too! #Trust the Bow Tie.
Follow the blog: BowTieLawyer
Recently I was invited to be on the TV show LawCall. I decided to write about that experience; the good, the challenges, and the behind the scenes “secrets.
LawCall is a live, weekly, thirty-minute call-in show hosted by local personal injury attorneys Rocky Wilkins and Tim Porter of the law firms, Morgan & Morgan and Porter Malouf, respectively. The show features guests attorneys from across the state of Mississippi. Every show highlights usually an area law. The attorneys take live phone calls from viewers pertaining to that topic. My appearance was the Valentine’s edition; Love & the Law – Family Law in Mississippi.
This was not my first time on television discussing legal themes. I was previously a guest on the Local 98 TV Show The Reel Deal with Cole Berry discussing legal movies. I have also been on the radio discussing Father’s Rights on WLEZ, in preparation for the then upcoming Mississippi Volunteer Lawyers Project’s free family law seminar. I also routinely speak at CLEs (continuing legal education seminars) on Family Law. I really enjoy these opportunities to talk about what I do.
On LawCall the usual hosts were out-of-town so Ben Wilson, an attorney with Rocky Wilkins Firm, filled in for Rocky. Ben and I discussed general family law topics prior to the show. I also met and spoke with the moderator/ TV facilitator Tamica Smith. Tamica is a pro. She has been on the news and TV for over 15 years in various markets and was as cool as a cucumber.
When I arrived, I received my instructions from Charley Jones and his wife Angela. They produce LawCall. I received an ear piece where I could hear the control room and the callers. We did a run down, which is just a practice run of the show. I was told where I would be sitting, how the show would open, when to expect commercial breaks and generally where to look. This was the toughest part for me. There were 3 cameras. The one to my right I was never to look at. When the shot showed the whole panel I was to look into the middle camera and when I was speaking directly to the caller I was to look to the left camera. It took some practice and just as I was getting the hang of it the show was over!
There were 4-5 callers with some really good questions. There was a question about whether a new spouse would be responsible for the husband’s support obligation from a prior relationship. She would not be. There was a question about Grandparent’s rights. Grandparents have rights guaranteed by law in Mississippi. A caller asked about whether his alimony obligations could be changed. Based on what he described he could seek to modify his obligations.
Behind the scenes. One of the newscasters had on jeans. You only saw him from the waist up on TV so it did not matter… It made me think of the old joke showing all the newscasters in their “heart boxers” and suits up top. It was only water in the coffee mugs. I got to keep the mug. Also, I had one call to my office within one minute of the show ending and had another call at 9:05 a.m. Monday morning. How is that for marketing results!
Matthew Thompson is a family law attorney that has appeared on Local 98 TV, WLBT’s Law Call, WLEZ on the radio and at numerous speaking engagements. If you need a speaker or TV personality at your next Family Law Seminar/Banquet please contact Matthew about his low, low “Celebrity Appearance Fee!”
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
(601) 850-8000 - - BowTieLawyer.MS 