Gotcha! Purple Panty Pull-downs, (a.k.a. Hunch Punch, Whoop Juice) is a college party drink of too much alcohol, kool-aid, sprite, and ice. It can lead to poor judgment, hangovers, injuries, arrests and other sordid outcomes. However it tastes good! When mixed right it is cold, sweet and easily drinkable. It “feels” safe. You cannot fully appreciate the danger.
Similarly, threats to your marriage can seem sweet. Contacting an old friend, meeting a business colleague for drinks or meeting someone new at an event and hitting it off. These interactions are new, exciting, fun and “feel” safe. But be careful.
A non-scientific poll conducted on FaceBook by colleague and friend, Craig Robertson, revealed common places and common themes in affairs. Affairs typically do not happen with strangers. They are persons that we know. Persons from work, from our past, friends of the family and church – yes, Church! It happens. It’s the people you see at the grocery and the coffee shop and your kid’s friend’s parents.
So, should you be a recluse, a shut-in and avoid all other human interaction? No. Just be aware of your surroundings. Act intentionally.
When you see the cooler full of Purple Panty Pull-downs, Watch Out!
Matthew Thompson is a family law attorney and in the words of Sir Winston Churchill, “The water was not fit to drink. To make it palatable, we had to add whisky. By diligent effort, I learnt to like it.” But don’t lose your wits about you.
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!
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 andattorneys 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.
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)).
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.