Child Custody, Divorce, General Legal, Modifications

Jurisdiction; Where to Sue.

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Jurisdiction is one of those legal terms we hear a lot, but aren’t always sure what it means.  In the legal world, for a Court to be able to act upon a  filed complaint and grant relief to a party, the Court must have jurisdiction.

Jurisdiction provides the Court authority to makes decisions over a party and the topic of their lawsuit.

Mississippi law provides rules for determining if a Court has jurisdiction and where that may be.  MCA § 93-5-5, contains the residency requirements for a divorce  action.  Additionally, all actions for divorce will be filed in the Chancery Court for the appropriate county.

The jurisdiction of the chancery court in suits for divorce shall be confined to the following cases:

(a) Where one (1) of the parties has been an actual bonafide resident within this state for six (6) months next preceding the commencement of the suit. If a member of the armed services of the United States is stationed in the state and residing within the state with his spouse, such person and his spouse shall be considered actual bonafide residents of the state for the purposes of this section, provided they were residing within the state at the time of the separation of the parties.

(b) In any case where the proof shows that a residence was acquired in this state with a purpose of securing a divorce, the court shall not take jurisdiction thereof, but dismiss the bill at the cost of complainant.

In plain terms, this means you file your divorce action in your home county, or the County that you have resided in for at least 6 months, immediately filing the action.  If you were married in another stated and meet the Mississippi residency requirements you file in Mississippi.  If were married on the Coast, but live in Jackson and have for over 6 months you file in Jackson.  Sometimes, if you wish to file in your current area, but have not met the residency requirements you may have to wait.  Sometimes there are disputes as to residency and the parties can litigate where the case should be litigated.  Some states have different residency requirements than Mississippi so don’t bank on the 6 months if you are in another state.

There are also a number of exceptions or tweaks to the jurisdictional rules.  Another Court, or State, could have “emergency jurisdiction” in child custody cases pursuant to the Uniform Child Custody Jurisdiction Enforcement Act. (UCCJEA).  Also, if your divorce was originally in another state or another county, that original Court would have original jurisdiction and there are additional rules to “transfer” jurisdiction and in some instance you cannot move it.  Military family law cases also have exceptions to the traditional jurisdiction rules.

Jurisdiction is a critical aspect to consider when filing.  It is imperative that your case be filed in the right place geographically and the right Court.  You also may have options between differing Courts based on what is at issue in your case.  Talk to your lawyer about where your case should be filed.

Matthew is a family law attorney and native Mississippian.  Follow his blog, here, at http://www.BowTieLawyer.wp.com.

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

Divorce, General Legal, Opinion

Holiday Burnout; 3 Tips to Cope and Keep Moving Forward.

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Now that the Holiday’s hustle and bustle are behind us it is common for an emotional lull or brief bout of depression to set in.  These are the Christmas Blues and are real.  These are especially common in those persons dealing with the stress of family law litigation.

Christmas Blues happen for a number of reasons; all of the excitement and anticipation of the holidays have passed, financial problems that were ignored can no longer be (your personal financial cliff), the relatives you actually enjoy seeing have gone back home, and the “doldrums” of work and real life are back, in full force. There is even a medical term that can be applied; seasonal affective disorder.

There are a few mechanisms to cope with these Christmas Blues. I have previously blogged on dealing with stress by keeping a routine, adding some form of physical fitness and making your bed everyday, these continue to be applicable.  However, the Christmas Blues can be counteracted with a few other techniques, which also happen to be appropriate if you are dealing with or anticipate dealing with family law issues.

  • Get a financial check-up.  Meet with your financial advisor or CPA.  Hire one if you don’t have one.  You may think you don’t have a need or do not have enough assets to warrant it, however knowing what you have, where it goes and what to do with it helps regardless of your situation.
  • Get a medical check-up.  This is almost as unpopular as going to the dentist, but do it anyway.  Knowing what’s going on with your health is important and can head off future issues. I know you’re busy and feel fine.  Do it anyway.
  • Get a spiritual check-up.  Why do bad things happen to good people?  Why is their so much illness and tragedy in the world?  I do not have all of the answers, but these are common questions.  Being centered, be it through your church, other place of worship or out in the woods, helps you cope with life’s unanswered questions.

These are not earth shattering, though may be annoying or hard to schedule.  Do it anyway.  You will not regret it.

Matthew is a divorce attorney, food blogger, and Mississippian, none of which he apologizes for.  Follow the @ http://www.BowTieLawyer.ms.

You may contact the Firm at (601) 850-8000 or Matthew@bowtielawyer.ms.

Bow Tie, Crime, Divorce, General Legal, Opinion, Pets

BowTieLawyer’s Top Rated Posts of 2012 (and a few of my favorites)

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Below are the Top Rated posts for BowTieLawyer for 2012 and a few of my favorites.  Thank you for viewing this blog, posting comments and sharing.  I think this is a worthwhile blog and I enjoy doing it.

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I began on August 14, 2012, blogging about Family Law issues and whatever else I felt like.

TOP 5 POSTS FOR 2012

And a few of my Favorites;

Thompson Law Firm, pllc        (601) 850-8000

Child Custody, Visitation

Christmas Custody and Visitation.

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In divorce situations the holidays, including Christmas, can be more difficult than any other time.  Christmas is a special time when everyone is supposed to get along and we celebrate family.  However, a divorce can certainly change that.

Most often divorced parties alternate the children during the holidays.  Usually the Christmas break is divided between the parents based upon the school calendar.  Additionally, the children usually spend part of Christmas Day with each parent.  The typical Custody/Visitation scheduled may look like this.

“In even-numbered years the Father shall have Thanksgiving from Wednesday prior to Thanksgiving through Thanksgiving weekend, ending Monday morning when he returns the child to school.

In even-numbered years the Mother shall have Christmas from the day school recesses for Christmas Break until Christmas Day at 2:00 p.m., and the Father shall have from 2:00 p.m. December 25 until January 1, at 12:00 noon.  The mother shall have from noon January 1, until school resumes, at which time the regular custody/visitation schedule shall resume.  In odd-numbered years this schedule shall be reversed so that the father shall have from the time school recesses for Christmas Break until Christmas Day at 2:00 p.m., and the Mother shall have from 2:00 p.m. December 25 until January 1, at 12:00 noon, with the Father having from noon January 1, until school resumes.”

This is just an example, though is fairly typical.  Having said that, the Court will likely approve any arrangement the parties can mutually agree upon.  There are good reasons to agree to an alternative plan.  Sometimes family tradition is to celebrate Christmas Eve and it may make more sense and be easier for the children if that parent continued with that tradition.  Sometimes the parties live so far apart that the travel on Christmas Day is unreasonable.  Pay attention to this.  It may make more sense and be easier for everyone involved for the exchange to be the 26th.  One judge, no longer on the bench, always awarded the custodial parent Christmas Eve and day.  His sentiment was the children needed to be “home” for Christmas.  The other parent did receive a good amount of time over the holidays and just adapted with “new” traditions.

As parents your job is to make the holiday as normal as possible.  It is okay to start new traditions, but don’t do so at the expense of your child’s emotional well-being.  Oh, and don’t agree to the alternating Christmas language in your papers based upon the other parent telling you, “don’t worry about it, you can always have Christmas morning ‘irregardless’ of the papers.”  First of all ‘irregardless’ is a non-standard word that will have the grammar police en route and secondly if it’s not in your papers, it’s not going to happen.

Remember this, Christmas can be whenever you and your child have the chance to be together.

Thompson Law Firm, pllc     Matthew@bowtielawyer.ms     (601) 850-8000maroon bow

General Legal, Opinion

Even Jedi Need Training! (Family Law Jedi)

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I recently had the opportunity to watch my children, and many others, participate in Jedi training. Jedi training included being introduced to the light saber, having the proper attire and practicing offensive and defensive maneuvers with the light saber. The instructor, Lady Skywalker, also spoke of how Luke had continued training by Master Yoda even after becoming a Jedi.

Similarly, attorneys are required to continue their training.  Each year lawyers are required to have 12 hours of Continuing Legal Education (CLE), including at least one hour of Ethics.  Typically lawyers attend a seminar or two, per year to receive their credit.

I frequently present at these seminars. I routinely speak on Family Law and have presented to the general public, lawyers and judges. I have conducted seminars aimed directly at other lawyers, training them on how to handle divorces, custody actions, and contempts in Mississippi.  I have presented at “Know Your Rights” seminars on behalf of the Mississippi Volunteer Lawyers Project and the Mission First Legal Aid Office.  I have presented at Guardian Ad Litem (GAL, appointed attorney to represent children) training sessions on how to perform Child Custody Evaluations and how to prepare a GAL Report.

To excel at what you do you have to not only be competent, but to continue to get better. I am committed to this by frequently and routinely speaking and presenting at seminars and training sessions throughout the state on Family Law. I am aiming towards being a Family Law Jedi.

Matthew Thompson is a family law attorney that is not afraid to say “I don’t know,” but he will also find out the Answer!  If your case needs a family lawyer that keeps up with the law and current changes in the law please contact Thompson Law Firm.

Follow the blog: BowTieLawyer    

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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Divorce, Opinion, Visitation

Top 3 Lawyer Jokes (Some of my favorites)

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I think we can admit we all enjoy a good lawyer Joke every now and again.  We’re an affable bunch, generally, and easy targets.  We do so much that can be made fun of.  Here are a few of my favorites.

  • 3.  What do you call 10,000 Lawyers in the ocean?

A good start.

  • 2.  A Doctor, an Engineer and a Lawyer were discussing who represented the oldest of their three professions. The doctor said, “On the sixth day God took a rib from Adam and made Eve, making him the first surgeon. So medicine is the oldest profession.”  The Engineer said, “Before that, God created the heavens and earth from chaos and confusion, making Him the first Engineer. So engineering is older than medicine.”  The Lawyer spoke up, “True, but who do you think created all of the chaos and confusion?”
  • 1.    A man in Arizona calls his  adult son in New York a few days before Christmas and says, “I hate to ruin your day, but I have to tell you that your mother and I are divorcing.  Forty-five years of misery is enough.”  “What are you talking about?,” the son asks.  “We can’t stand the sight of each other any longer,” the father says. “We’re sick of each other, and I’m tired of talking about this, so you call your sister in Chicago and tell her.”  Frantic, the son calls his sister, who becomes very upset on the phone. “They are not getting divorced,” she shouts, “I’ll take care of this!”She calls home to Arizona immediately and screams at her father, “You are NOT getting divorced. Don’t do a single thing until I get there. I’m calling my brother back, and we’ll both be there tomorrow. Until then, don’t do a thing, DO YOU HEAR ME?” and hangs up.The old man hangs up his phone and turns to his wife. “Okay” he says, “they will be here for Christmas and they’re paying their own way.”
  • What’s your favorite lawyer joke?  Send an email or leave a comment.  You may see it here!

Thompson Law Firm, pllc     Matthew@wmtlawfirm.com     (601) 850-8000

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Child Support, Divorce, General Legal, Marriage, Property Division

The Top 5 Lies of Divorce Clients

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There is an old lawyer joke… How do you tell when your client is lying to you?  When their lips are moving.  Lying to your lawyer is a really bad idea for multiple reasons.  It is primarily bad because advice can change based on the facts of your circumstance and if we, as the lawyer, do not know the facts our advice may not be right.  And the whole perjury thing is bad too.  Without further ado, here are the top 5 lies that clients tell.

  • 5.  Lies about Income.  
  • Clients that make a lot of money often understate their income.  Also, I have had clients say they make more than they do, I guess because of embarrassment.  It is a really bad idea to lie about income regardless of the reason.  The other party has the right to get pay records directly from your bank or employer and lying about making more than you do can result in you paying more than you owe.
  • 4.  Lies about their role within the Home.  
  • The husband comes in and says he does all of the cooking, cleaning, child rearing and otherwise paints himself as Martha Stewart, when he is more like Haagar the Horrible.  Out pillaging, but not big on household chores.  This matters because it effects the division of assets and has custody and alimony applications.
  • 3.  Lies about Other Marital Fault.
  • #3 is other marital fault because it is saving room for #1.  But this means that the client tells you about how awful the other party was.  How they were attacked or provoked and only reacted and defended themselves.  They “forgot” to mention the domestic violence conviction and the meth lab in the garage.  Oops.
  • 2.  Lies about Value$.
  • In a similar vein to lies about income, clients understate the value of investments, collectibles and businesses.  This can be very significant and a husband that misled the Court about the value of his privately owned business resulted in the wife coming back after the fact and getting more value when he had a falling out with a business partner.  Also, that 1953 Chevrolet Coupe is worth more than you are saying it is.
  • 1.  Lies about Adultery.
  • #1 for a reason.  It’s hard to admit when you are wrong.  By the way, “I didn’t have an affair, it was just a one-night stand,” is still an affair. It is adultery.  Lying about this can bumfoozle a legal strategy of trying to prevent the divorce.   If the other party has grounds against you and wants a divorce they can get it.  If you lie about it chances are you will eventually be caught.

These are just some of the lies told everyday.  It is important to tell your lawyer the truth, including the dirty details. It can make a difference in your case.

Matthew Thompson is a Divorce Attorney in Mississippi and encourages potential clients to tell your lawyer the truth!

Follow the blog:#BowTieLawyer 

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Child Custody, Child Support, Crime, Divorce, General Legal, Opinion

Know Your Rights! Get a diagnosis.

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This blog is inspired by the many, many folks I encounter on a weekly basis who have “no clue” what their rights are.

  • If you’re ill, you go to the doctor to get a check-up.

  • If your car is squeaking, you go to the mechanic.

  • If your roof is leaking, you call the repair man.

But if you think you are in a legal situation, what do you do?  YOU IGNORE IT!

Do NOT ignore it.  Go see an attorney.  They don’t bite.  We’ve already discussed how to determine if you need one (here) and how to find one (here).  This is just aimed at the folks on the fence and those choosing to be blissfully ignorant.  Not knowing your rights, not knowing the law, and not knowing your options is a bad thing.

There are deadlines, timelines, and statutes of limitation.  Memories fail, people forget or misremember, documents get lost, people get lost, and “witnesses” die.  Records get erased, deleted and shredded.  Bruises and wounds heal, scars fade, and most persons recall times past more fondly (or at least not as bad) than they were.

Get off the fence.  Get informed and know your rights.

Thompson Law Firm, pllc    Matthew@BowTieLawyer.ms    (601) 850-8000

Divorce, Child Custody & Support, Alimony, Contempt, Modification, Adoption, Appeals, Corporate Counsel, Professional Licensure Issues, and Civil Litigation.