Category Archives: Opinion

Child Custody, Child Support, divorce, General Legal, Marriage, Modifications, Opinion

Car Wreck Attorney = Car Wreck Divorce

05/24/2013 BowTieLawyer 1 Comment

Hiring a Non-Family Lawyer for your Family Law Case May NOT be Best. I am not disparaging Car Wreck attorneys, except to the extent that they should not be taking on a contested divorce case unless they know what they are doing.

All too often I find myself dealing with a client’s divorce after the fact. After they had a non-family law attorney “handle” it for them. It is NOT pretty.

There is a misconception among attorneys that regardless of anything else, you can always do Divorces and Wills. This claim has shown true, especially in the economic climate we are currently experiencing. There is a glut of “divorce” attorneys who aren’t.

The benefits of having an experienced attorney handle your matter are countless. An experienced attorney knows the ins and outs of the law, knows the particulars of the local judges, and knows the other attorneys that practice in the area. This knowledge and experience is INVALUABLE. Additionally, experience is the best teacher. Practicing family law for close two decades, or longer, is always advantageous to 1) having studied domestic relations in law school and 2) helped your neighbor’s cousin in his divorce.

Want to know that you are being represented and represented well, get an attorney experienced in the area of law you need. Want your divorce to be a Car Wreck, hire a Car Wreck attorney.

Matthew Thompson is an experienced family law attorney in Mississippi and would hire a car wreck attorney to handles his car wreck case, not a divorce.

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

General Legal, Opinion

Never Refuse a Breath Mint

05/22/2013 BowTieLawyer 1 Comment

In life there are few absolutes. Death and taxes are commonly accepted as inevitable.

A piece of advice to always heed, if you are offered a mint, accept it! Accept it graciously and consider taking two.

Matthew Thompson is a family law attorney in Mississippi and accepts mints and usually has them in the briefcase.

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

Child Custody, divorce, General Legal, Opinion, Visitation

Emergency! The 411 on 911 in Court

05/20/2013 BowTieLawyer 2 Comments

I get the call, at least, weekly. It is an EMERGENCY! I have to get into Court yesterday to solve some critical issue. However, once I start asking questions the emergency is more like an inconvenience.

For Court purposes, think of an emergency as being a true emergency; danger of life or limb, or the immediate threat of imminent and irreparable harm.

The Court judges emergencies on a case by case basis to make sure they have merit. Some examples of emergencies include;

when the custodial parent refuses life saving medical treatment, against medical advice
when one parent absconds with a child, it’s not “their” time and refuses all contact
when a parent is using illegal drugs in the presence of the child and/or exposing the child to that lifestyle
is abusing the child
is neglecting the child

Some examples of non-emergencies, at least for Court purposes;

is 15 minutes late for a pick-up or a drop-off, even multiple times
stops paying the house mortgage
forgot to give the recommended dose of antibiotics
returns the child in the same clothes that he was dropped off in
returns the child with a scratch or bruise caused by kids being kids

Emergencies are quite often judgment calls and the Judges treat these seriously when they are serious and are nonplussed when a lawyer files an Emergency Petition over a non-urgent circumstance. The Judges are also somewhat on guard against persons using ERs for tactical advantage and this can and does backfire on the petitioner if it is not a true emergency.

Matthew Thompson is a family law attorney in Mississippi and is careful on the draw about declaring emergencies.

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

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

Why Settling your case is BEST!

05/18/2013 BowTieLawyer 6 Comments

“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…

divorce, General Legal, Irreconcilable differences, Opinion

Divorce, Two Ways

05/14/2013 BowTieLawyer 6 Comments

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.

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

Child Custody, Child Support, General Legal, Opinion

War Stories; How NOT to testify (grandmother edition)

05/11/2013 BowTieLawyer 3 Comments

War Stories are the fun, awful, tough and unique occurrences that lawyers and parties in litigation get to experience and live to tell about it. At water coolers and break rooms throughout the world lawyers regale anyone who will listen about that time they…(this series will include a few of my own).

Facts: This was an initial Child Custody case, which means the Court must consider the Albright Factors. Dad had temporary custody due to prior child neglect allegations against mom. Mom was required to pay child support pursuant to this Order. Mom called her mother (Grandmother) to testify to corroborate that mom is good, dad is bad, and custody should be with mom.

On direct examination, that is when mom’s attorney was questioning grandmother, she did fine. She said mom was good, dad was bad for reasons including; he was not around and did not support the child, and that the child should be with mom.

On cross-examination, that is when I get to ask questions, the tone changed. From the jump Grandmother was defensive and combative. This was a mistake on her part. She should have stayed calm and exuded confidence, not anger. Even if she had to fake it.

Upon questioning about the neglect allegations grandmother downplayed them as a misunderstanding and had a story which completely excused mom’s conduct. The problem was there had already been 3 prior witnesses which contradicted this, one of whom was mom! Certainly they had to have had a discussion prior to court.

Next, grandmother took dad to task for “not supporting” the child, but her only “proof” was anecdotal. Nonetheless, she concluded he was no good because he was not supporting them and she knew this because mom told her so. Grandmother changed her tune about a parent being no good for not supporting the child however, once my questioning revealed mom had not paid child support in months, though ordered. It was different for some reason, but she could not be explain how.

Lastly, Grandmother had no real complaints about dad’s care-giving the last several months when he had custody and reluctantly admitted the child was doing well. She was also extremely evasive about mom’s new beau and that person’s involvement with the child. It was obvious she was trying to avoid giving that testimony.

Grandmother should not have testified. She added nothing and ended up undermining mom’s case. The only way to have known this would have been to thoroughly prepare her for direct and cross-examination and taking the time to view the case from both parties’ perspectives.

Matthew Thompson is a family law attorney in Mississippi and assesses your case from your perspective, as well as how the other side may approach it.

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

Bow Tie, Crime, General Legal, Opinion

Churchill Wisdom; On Truth

05/06/2013 BowTieLawyer 1 Comment

“The truth is incontrovertible, malice may attack it, ignorance may deride it, but in the end; there it is.” – Sir Winston Churchill

Matthew Thompson is a family law attorney in Mississippi and counsels his clients to tell the truth. (And if they cannot to plead the 5th).

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