Latin Lessons; Nunc Pro Tunc

Nunc Pro Tunc  means now for then. In general, a “nunc pro tunc” ruling applies retroactively to correct an earlier ruling or to enact a ruling at the time Ordered, as opposed to when the Order was prepared. Nunc Pro Tunc is the legal equivalent of traveling back in time!

http://www.profilesinhistory.com

Practical applications of Nunc Pro Tunc can be seen in the following examples.

  • The Court issues a ruling from the bench.  The “winning” side’s attorney is instructed to draft the ruling and provide to counsel opposite.  However, there are certain things that have to be done on a deadline based on the Court’s ruling date.  The clock is ticking.  Counsel preparing the Order may well Nunc Pro Tunc it back to the original date it was ordered as opposed to the date it was signed, which could be a week to 10 days later, so the deadlines begin/began when the Court ruled.  Otherwise, the party’s and attorneys may argue as to when time limits began to run and when deadlines expire.
  • Sometimes mistakes happen.  It is not uncommon to see the Judge, or have Court, in a different county than where the matter was filed.  Judges routinely sit over multiple counties.  Orders must be filed in the proper county.  On occasion the Order will be signed by the Judge and the attorney does not get the Order filed that day because it requires travel to another county.  Sometimes, that Order may not be “filed” until well after the fact. In this situation, a second Order may be prepared which, via Nunc Pro Tunc, retroactively gives effect to the prior unfiled Order.  Just be sure to file your second Order!

Nunc pro tunc is a mechanism for legal time travel.

Matthew Thompson is a family law attorney in Mississippi and knows about legal time travel.

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@wmtlawfirm.com.

Don’t Spend Money on Your Girlfriend!

Another factor considered in Equitable Distribution is the Degree to which each Spouse has Expended, Withdrawn or otherwise Disposed of Marital Assets and any prior distribution of such assets by agreement, decree or otherwise.  

(This blog is another in a series of blogs regarding Equitable Distribution in Mississippi.  Equitable Distribution is the method employed by the Court’s to determine how marital property is to be divided in a divorce.  The basics and factors to be considered can be seen here, Marital Property; How it’s Divided (click)).
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Expended, Withdrawn or Otherwise Disposed refers to multiple possibilities.  One of the most common is marital waste.  Marital waste is the wrongful or improper use of marital assets, though not necessarily illegal.  Marital waste is basically when marital monies are used for non-marital purposes.  Common examples include; monies spent on a paramour (boyfriend/girlfriend),  gambling losses, monies spent on an addiction like alcohol or drugs.  Bad investments may or may not be waste, it depends on the facts.  Selling a marital asset for significantly less than its value is.  So, if you have a Jeep worth $13,000 and sell it to your Uncle for $3,500, don’t assume you are in the clear.  The Court can “balance the equities” and you will be ordered to reimburse your spouse for the their value in the asset.

Prior distribution is just when the parties divide assets prior to getting into Court.  If the parties agree to a division of some assets the Court may not disturb it, but can certainly consider when dividing the remaining assets of the marital estate.

If you are married, Do Not spend money on your girlfriend/boyfriend.

Matthew Thompson is a family law attorney in Mississippi and advises his clients to not have boyfriends or girlfriends and if they do to not spend money on them. 

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

Mopping It Up in a Divorce

The first factor considered in Equitable Distribution is Substantial Contribution to the Accumulation of the Property.   

(This blog is one in a series of blogs regarding Equitable Distribution in Mississippi.  Equitable Distribution is the method employed by the Court’s to determine how marital property is to be divided in a divorce.  The basics and factors to be considered can be seen here, Marital Property; How it’s Divided (click)).

Factors to be considered in determining contribution include;

    • Direct or indirect economic contribution to the acquisition of the property;

Direct contributions include earnings from your job and using that income to pay for the house, cars, investments, retirement contributions and paying down debt.  These “direct” contributions are attributable to the bread-winning spouse.

Indirect Contributions include child-rearing and homemaking efforts.  In fact,  the law considers domestic or household duties equivalent to working outside of the home.  So who cooked, cleaned,  did the dishes, laundry, yard upkeep, maintenance, and other similar tasks are relevant. Stay-at-home moms work!

    • Contribution to the stability and harmony of the marital and family relationships as measured by quality, quantity of time spent on family duties and duration of the marriage

Stability and Harmony of the Marriage concerns the parties’ conduct.  Marital fault and even conduct that may not rise to the level of marital fault are considered here.  The division of chores and the “roles” that the husband and wife played matter.  Also, length of the marriage is considered.

    • Contribution to the education, training or other accomplishment bearing on the earning power of the spouse accumulating the assets.

Contributions to Education and Training is most commonly seen when the “young couple” gets married and one spouse works while the other finishes their advanced degree and/or professional training.  Did the wife work and/or be the primary caregiver for the children while the husband finished Medical School and residency? Cliche’, but true.  Her efforts working, taking care of the young family allowed him to finish his education and training so he can earn a greater living.  The Court considers the value the wife contributed so that the husband’s earning capacity could be greater.

Matthew Thompson is a family law attorney in Mississippi and some of the above factors hit “close to home.” 

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, Child Custody & Child Support, Alimony, Contempt, Modification, Youth Court, TPR/ Adoption and Appeals.

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