Category Archives: Irreconcilable differences

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

Why is my Court Hearing Somewhere Else?

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Mississippi has 20 Chancery Court Districts and 49 Chancery Court Judges, but Mississippi has 82 counties.  Most Chancery Court Districts, therefore, include more than one county.

You file your case in your home county’s Chancery Clerk’s Office, most often.  This is the appropriate “jurisdiction.” One District has a first and second judicial district, being Hinds County.  Most districts, however, include more than one County.  In that instance you still file in your home county, but you may well see the judge, have Court, and otherwise be in another County for your case.

I have been asked and have heard litigants try to use this as an advantage.  Perhaps not having to testify at home, making witnesses have to drive, or having Court somewhere else will lead to a better result. It doesn’t.  It is the same Judge, the same facts and in most instance just 30-45 minutes this way or that way from the other Courthouse.

One thing to remember when having litigation in multiple counties is to be mindful where the Court file is.  It is the lawyer’s job to see that the Court file makes it to Court.  I have seen time and again someone forget the Court file and the Judge be unwilling to take action until it can be retrieved or recessed until another day when it can be obtained.

I was involved in a 10th District case, commonly thought of as Hattiesburg, but had actual Court hearings in 5 different counties throughout the pendency of the case.  In no particular order, we had a trial and motion hearings in 1) Forrest County, Hattiesburg; 2) Lamar County, Purvis; 3) Marion County; Columbia, a temporary hearing in 4) Pearl River County, Poplarville, and a motion for New Trial in 5) Perry County, New Augusta.  Each hearing had the same judge, attorneys and parties, but were in so many different places because that is where the Judge was the days we had court appearances.

Matthew Thompson is a Family Law attorney, with a statewide practice, and recommends you hire a lawyer either in the area of where your case is or a lawyer who practices in that area.

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@bowtielawyer.ms.

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

Why Settling your case is BEST!

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“I want a bulldog!”  

“I want to take him to the cleaners!”

“It’s the principle!”

Oftentimes I am asked the difference between settling a case and litigating a case to a conclusion.  In my experience, more often than not, settling your case leads to a better result.  Here’s why.

  • It eliminates the uncertainty of a Court ruling. You know what you get.
  • It usually results in a quicker end.
  • It can save money.
  • Settlement gives your more control and “say” in the final outcome.
  • Settling your case allows the matter to end on a “positive” note, perhaps more amicable than otherwise.

Cases can be settled through a variety of ways, through negotiation or mediation, either through the parties, through the attorneys or a combination of both.

These are just some of the reasons why settling your case may be best.  However, there are also those cases that cannot be settled.  Typically, hotly contested custody cases cannot be settled because both parties genuinely believe that they have to fight for what they think is best.  And sometimes the other party is just a big jerk that makes everything a fight!

Know this;

  • People don’t get taken to the cleaners (unless they agree).
  • Suing on principle is unsatisfying and expensive.
  • Bulldog lawyers seldom make a difference in the outcome, they only alter how you get there.

Matthew Thompson is a family law attorney in Mississippi and can attest that big jerks can try to fight, but usually get what they deserve…

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Divorce, General Legal, Irreconcilable differences, Opinion

Divorce, Two Ways

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In Mississippi it can be very difficult to be awarded a divorce.  There are basically two ways to get a divorce.

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The most common way is Irreconcilable Differences.  This is what is referred to as “no fault.”  However, MS is NOT a true no fault state, so in order to get a divorce on Irreconcilable Differences both parties have to agree to the divorce AND all the terms of the divorce, including; custody, visitation, support, alimony, division of the assets and debts.  If there is no agreement to all of the issues there may not be a divorce.

The other way to get a divorce in MS is based upon Fault Grounds.  In order to get a divorce on Fault Grounds you have to sue based upon fault grounds and prove your case.  Most commonly fault includes; adultery, cruelty, drug use, drunkenness, and abandonment.  There are a few other Fault Grounds, but are rarely used; incest, bigamy, insanity, etc.

It can be a frustrating circumstance when you and the other party cannot agree to all issues and neither party has grounds.  You may be stuck.  In this instance one party may resort to divorce blackmail, which is alive and well in MS.

Matthew Thompson is a Family Law attorney and cautions that divorce 2-ways can be caused by 3-ways.

Follow the blog & Visit the website:: BowTieLawyer  Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms

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