In family law it is often desired by a party to do something to get back at the other. Even if the love of your life did something first that was mean, you don’t take retribution and do something meaner. This is a very bad idea. Two wrongs don’t make a right and it may well get you into trouble.
Unless you want to end up in the War of Roses, stop doing things to make things worse.
Matthew Thompson is a Divorce Attorney in Mississippi and recommends to abstain from doing things to make things worse.
Follow the blog:#BowTieLawyer You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms
I do not think this is what Benjamin Franklin had in mind…
pre·nup·tial a·gree·ment- an agreement made by a couple before they marry concerning the ownership of their respective assets should the marriage dissolve.
Also known as a Premarital agreement or “prenup” is a fairly common legal step taken before marriage. A prenup establishes the property and financial rights of each spouse in the event of a divorce. Prenups are often used to protect the assets of wealthy spouses but also can protect family businesses and serve other important functions. FindLaw
Prenups can be GOOD, especially in a second marriage. They can protect the rights of the children from the first marriage and serve a useful and legitimate purpose. Prenups can also define, with great specificity what happens in the event of a divorce or death of a party of the marriage. Knowing your rights can be a very good thing.
Prenups can be BAD. If you agree to a bad deal and the process used otherwise complies with the requirements of a valid prenup; sufficient time between presentation, execution and the marriage; reasonable opportunity to have independent counsel of your choosing; and full financial disclosures, even a bad deal would be enforceable.
Prenups can be UGLY. It is a hard “sale” when asking your one true soulmate to consider what happens if your union is dissolved. Also, if the prenup is so one-sided that it is deemed unconscionable (totally unfair on its face) it can be invalidated.
Matthew Thompson is a Family Law attorney in Mississippi and reminds you of the words of Kanye West in Gold Digger, “if you ain’t no punk holla we want prenup.”
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
Cash is King, but only when you can prove you paid it!
When a party alleges that the other has not paid their support obligations the Court looks to the payor to prove what was paid, not the payee to prove what was not. In simple terms, if you owed $500 per month in child support and I sued you for contempt and said you had not paid, that’s all I have to do, and the burden shifts to you to prove you did pay what was Ordered and owed. If you cannot prove it, you may be out of luck.
“But I paid cash…,”are famous last words. She is not going to admit that you paid cash or if you did it was because you owed her money, not that it was the child support payment.
Get a receipt. Everytime. Hand write it on notebook paper if you have to. Keep good records. How much was paid and on what date it was paid. Your wallet and your freedom, at least temporarily, may depend on it.
Matthew Thompson is a Family Law attorney in Mississippi and advises you to get a receipt.
There’s an old joke…”You have the Right to remain silent, but do you have the Ability?”
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While my primary practice area is Family Law, there is some spillover into other areas. Through the years, I have learned there are just some things you do not say to law enforcement.
5. I did it!
4. I only had a couple.
3. Trying to meet your quota?
2. Oink, oink.
1. I called you because he stole my marijuana pipe.
Matthew Thompson is a Family Law attorney in Mississippi and advises you to be respectful of law enforcement a nd not say these things.
You are in the fight of your life against the one person who promised before God and everybody to always love and cherish you. Where’s the love now?
But dragging others into the fight may be the wrong move. I routinely see parents wanting to bring the kids in to testify, while stating that they do not want to bring the kids in to testify. Kind of a sorry-not sorry attitude.
Child testimony is permissible. There are some Gate-keeping obligations of the Court to apply prior to actual testimony being allowed. There are also various methods used by various Judges on taking child testimony. However, more basic than the trustworthiness of the testimomy and whether it should be in chambers or in open Court, is whether the child should be in that position at all.
The Mississippi Supreme Court stated, “We reiterate that parents in a divorce proceeding should if at all possible refrain from calling any of the children of their marriage…as witnesses, and counsel should advise their clients against doing so except in the most exigent cases.” Jethrow v. Jethrow, 571 So. 2d 270, 274 (Miss. 1990).
If there are not exigent circumstances, i.e.; abuse, criminal activity involving the child, physically dangerous activity and there is no other means to corroborate these facts, testimony may be required, but if it’s run of the mill dad did this or didn’t do that, or dad let the girlfriend give her a makeover, or mom’s boyfriend took them to Chik-fil-a, and these persons are not dangerous persons nor prohibited from being around per a Court Order, child testimony should be avoided.
Think about it from the child’s perspective, not your own. Your job is to do what is best for them, every time.
Matthew Thompson is a Child Custody attorney and cautions you on relying on child testimony when it’s not necessary.
Sometimes being the jerk is fun. Telling that so-and-so what you think of them can really be cathartic, but so can not telling them. What you do NOT know is what they have just been through. Maybe them deserving the jerk treatment really has nothing to do with you, the whole “a mile in their shoes” line of thought.
Today, I thought about being the jerk, but decided against it. I am glad I did.
Matthew Thompson is a divorce attorney and gets paid to be a jerk!
You have the option today of choosing to do things that will make your life, family and case better, or worse. Choose those things that make it better.
Sometimes we get in the habit of making bad decisions. It’s easy, maybe even fun, but it is not the right choice. The great thing about family law is that if you do not know what the “right” legal answer is, so long as you do what is right you will be ok.
Stop making bad decisions. Stop the bad habits. Make good choices.
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