Category Archives: Irreconcilable differences

Child Custody, Divorce, General Legal, Irreconcilable differences, Marriage, Opinion

Lying Eyes & Other Signs of Lies and the People That Tell Them.

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If you’ve ever been involved in a family law case then you’ve dealt with someone lying.

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Clients, witnesses and even lawyers sometimes lie.  It could be a little white lie or a huge whopper. A former CIA officer said to watch out for these cues that you might be being lied to;

  • The Eyes Tell the Tale.  When asked a question the witness looks up, closes their eyes or looks down, especially on a question they should know.
  • Shielding the Face.  When speaking the person have their hand in front of their eyes or mouth.
  • Verbal Answer/Body Language Disagree.  The best example of this was when the deponent was asked if she was having an affair.  She said, “No,” but shook her head Yes.  When confronted with this she spilled the beans.
  • The Delayed Response.  Some things you should not have to think about.
  • Fidgeting.  Messing with your hair, your cup, or your pen when answering.
  • Nose Grows.  Think Pinocchio.  Very rare*

Want to know more about lies and the people that tell them?  Try these;

Matthew Thompson is a Divorce Attorney in Mississippi and advises you to NEVER lie while under oath.

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, Irreconcilable differences, Modifications, Opinion

The First Phone Call to the Attorney; What to Know?

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The first step is always the hardest!

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When you call a Family Law Attorney for the first time there are some basics that are pretty universal.  Be ready with this information.

  • Your full name and that of your spouse/defendant
  • Whether anything is on file in any Court
  • Critical deadlines, trial dates, hearing dates, etc…
  • Who the attorneys are, if any
  • Who the Judge is
  • What Court you are in, if so
  • What County is home for you
  • Date/Place of Marriage
  • Date/Place of Separation
  • Ages of children
  • Job description and approx. income
  • Whether it will be contested or Agreed

These are the basics that any family law practitioner is going to need to do a conflicts check and to do a proper evaluation of your case.

Matthew Thompson is a Divorce Attorney in Mississippi and encourages potential clients to educate themselves and know their stuff!

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, Marriage, Modifications, Opinion

Chancery Judge Campaign in Full Swing.

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Madison, Yazoo, Leake and Holmes Counties will be getting a new Chancery Judge in the November 4, 2014, election.

A Chancery Judge hears matters involving wills and estates, child support and custody of minor children, divorces and alimony, and lunacy or commitment hearings.  The Judges also handle other matters, such as petitions to incorporate or enlarge a city, the establishment and management of drainage districts, children’s welfare funds, and other projects.

Why should you care?  Because this will be your judge if you find yourself in Court and it’s not due to a criminal case, a car wreck or an unpaid bill.

Who are the Candidates?

Bluntson has practiced law in Mississippi for the past 20 years.  She began her legal career in 1994 as a staff attorney for Mississippi Child Support.  Thereafter, she opened her private law firm where she handled divorces, child support, child custody and wills & estates cases.  A few years after the death of her husband, Barbara Ann was hired by the City of Jackson as the Chief City Prosecutor.  She maintained that position for 10 years.  As city prosecutor, Barbara Ann and her staff prosecuted in excess of 8,000 misdemeanor cases per year.  She also assisted domestic violence victims with Petitions for Protective Orders when they were filed in municipal court.  Barbara Ann currently serves as Deputy City Attorney for the City of Jackson and City Prosecutor for the City of Durant.  She is also a certified Family Law Mediator.

Clark is running for Chancery Judge because he believes the citizens of the 11th Chancery District would benefit from his experience, skills and proven record of serving the public in the district; as an Attorney, Municipal Judge and Youth Court Judge.  He has represented the citizens of the district in Chancery Court handling all types of cases. He touts that he is the only candidate that was born, raised and practiced law in District 11, Sub-district 1.  If elected Judge he promises to work daily to be fair and impartial judge who demonstrates sound judgement and run an efficient court.

Each name above is clickable, directing you to their election site as well as their FaceBook page.  Do your research, pick a candidate and vote!

Matthew Thompson is a Child Custody and Family Law Attorney and handles cases in Chancery Courts throughout Mississippi.

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

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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.

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

Frank Evans, Matador

#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

 

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.

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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

 

Child Custody, Child Support, Divorce, General Legal, Grandparent Visitation, Irreconcilable differences, Marriage, Modifications, Opinion, Property Division, Visitation

Judge’s Race Just Got Interesting- 11th District Chancery Election is Now Contested

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Previously we blogged about “We the People” getting to pick our Judges.  This year is an election year for most Judgeships in Mississippi and only a few were contested.

img_6390Now, the Sub District One Seat for Madison, Leake, Holmes and Yazoo counties is contested. (See the full candidate list here, current as of April 16, 2014.)  This Court hears matters involving wills and estates, support and custody of minor children, divorces and alimony, and lunacy or commitment hearings.  The Judges also handle other matters, such as petitions to incorporate or enlarge a city, the establishment and management of drainage districts, children’s welfare funds, and other projects.

Attorneys Robert Clark, III, of Lexington, and Barbara Ann Bluntson, of Ridgeland, have both qualified to run for the seat currently held by the retiring Judge Janace Harvey-Goree.  The prevailing candidate will serve as Chancellor over all matters filed in Chancery Court in Holmes and Yazoo Counties and approximately 1/4 of the matters filed in Madison County, if past practice holds true.

Attorney Clark has served as a Youth Court Judge and Municipal Court Judge in Lexington/Holmes County and private practitioner.

Attorney Bluntson has served as the City Prosecutor for Jackson, handling criminal matters, violation of city ordinances and matters pertaining to Domestic Violence.

The qualifying deadline is May 9, so stay tuned to see if any other hats are thrown in the ring.  The election will be November 4, 2014.

Matthew Thompson is a Family Law Attorney in Mississippi, practices frequently in the district at issue above, and is very interested in watching this election and learning more about each candidate. Stay tuned!

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

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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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Divorce, Irreconcilable differences

Lose Over 180 lbs in Just 60 Days* (via Divorce)

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Lose weight fast. This is not the type of “diet” usually recommended by Doctors, but it can free you from an unhealthy situation.

Mississippi law provides for an Irreconcilable Differences divorce process that can streamline divorce.  An “ID” divorce is the quickest, cheapest and most amicable means to get a divorce.  However, it is not always possible to take advantage of this type of divorce.

You and your spouse must;

  • Agree to a Divorce
  • Agree to all of the Terms of the Divorce Agreement (including custody, support, visitation, property division and financial terms)

The basic process is;

  • File a Joint Complaint for Divorce (this begins a 60 day waiting period)
  • Prepare and exchange financial Statements
  • Prepare and sign the Child Custody and Property Settlement Agreement
  • Prepare and sign the Final Judgment of Divorce
  • Present the paperwork to the Court for approval (after 60 days of the initial filing)

So, if you need to lose weight fast in the form of your spouse, please consult an attorney and consider the “ID” diet.

Matthew Thompson is a divorce attorney and can help you lose weight fast, via divorce.

Follow the blog: BowTieLawyer Visit the website: Thompson Law FirmYou may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms

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