Category Archives: Marriage

Friday Funny

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Matthew Thompson  www.BowTieLawyer.ms  (601) 850-8000

Don’t Overplay Your Hand.

It’s an expression from the gambling world, but holds true in family law too.

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Overplaying your hand is when you think you have the advantage, but do to whatever reason you don’t. Sometimes it’s because an important piece of information was not disclosed, or perhaps overlooked, or because the opponent has the ability to make a situation appear to be something that it is not.

For instance, it’s common in custody disputes for one side to want full custody and the other to want joint. The side that wants joint describes each side’s parenting as basically 50/50 and, of course, there is no need for child support. The side that wants full custody describes the parenting as more 80/20 and seeks support. The full custody parent can also back up their claims. They know the teachers, doctors, children’s schedules, and have done the primary care-giving. The side that wanted joint, well their job did not allow them to really do joint, but the 20% of the time they were around, they did 50% of the parenting. That would have been nice to know on the front end.

The bottom line is to be sure to tell your lawyer everything.  If you do, you can be protected as much as possible. If you don’t, they may call your bluff and you could be up the river.

Matthew Thompson is a Divorce attorney in Mississippi and warns you that  sometimes calling the person who is overplaying their hand can backfire on you. So be careful either way.

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If You Don’t Get Married You Don’t Get to Keep the Ring.

The engagement ring. A circle, no beginning and no end. A diamond, one of the Earth’s most precious stones. However, if you don’t get married it goes back.

A very recent Mississippi Court of Appeals case reaffirmed Mississippi law on the engagement ring.  In Cooley vs. Tucker, 200 So.3d 474, (Miss. App. 2016), the fellow, Tucker, gave a $40,000.00 ring to Cooley in 2011.  He broke off the engagement in 2014. Cooley wore the ring the entirety of the engagement and the parties discussed wedding arrangements.

After calling off the wedding, Tucker requested the ring back and Cooley refused claiming it was a gift. To be a a valid gift the following is required:”(1) a donor competent to make a gift; (2) a voluntary act of the donor with donative intent;(3) the gift must be complete with nothing else to be done; (4) there must be delivery to the donee; and (5) the gift must be irrevocable.” Id.

The Court reasoned it was not a gift, in that it was a conditional gift in contemplation of marriage. Because no marriage occurred the gift condition was never satisfied. The ring msut be returned. Cooley also argued that the Court should weigh in on the reasons for the marriage not occurring in the first place, meaning whose fault was it. The Court said, “We decline to do so.Id. Did you get married? If no, the ring goes back.

Matthew Thompson is a Mississippi Family Law Attorney and cautions you to be careful who you marry and also be careful to whom you become engaged.

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