Child Custody, Divorce, General Legal, Marriage, Modifications, Opinion

SECRETS REVEALED! What REALLY Goes on in the Judge’s Chambers…

12/04/2015 BowTieLawyer Leave a comment

In every courtroom there is a mystery door, usually in the back corner. Within this door are the secrets of Court…

Litigants see the Judge and Lawyers disappear into this door. What seems like an eternity later, they emerge. Is one smiling? Does one have a scowl? What does it all mean?

These “chamber conferences” matter. This is where the Judge hears what the case is about. Each attorney is allowed a few minutes to tell their client’s side of the story, factually. The Court hears legal arguments as to this issue and that issue. In this conference the Judge may indicate what they are inclined to do. This is actually a good thing, usually.

You find out whether or not you are fighting a losing battle, or whether there will even be a fight.

I had a case where the parties were fighting over “Legal Custody.” Legal custody is the decision making right regarding the child, such as education, medical and general welfare areas. It’s extremely common for the parties to have Joint Legal Custody. However, this particular lawyer and client would not agree to Joint Legal Custody. It was about 2 minutes of discussion and the Judge said, “I almost always do Joint Legal Custody, unless there is a really good reason not to.” There was not a good reason. That resolved the last remaining issue.

Sometimes the conferences go against you. That causes questions of doubt between the lawyer and client. “Did my lawyer fight for my side?” You have to trust your lawyer and believe them. Also, they should advise you that the Judge indicated they were inclined to rule this way, but we can still have a hearing and we may be able to convince them otherwise. Probably not, but we may be able to. Ultimately, it is the client’s decision.

Usually, conferences help. It’s not underhanded nor improper if lawyers for both parties are participating.

Matthew Thompson is a family law attorney in Mississippi and usually welcomes Chamber Conferences.

Divorce, General Legal, Marriage

Be the CAPTAIN of the Ship! (Or at least know how to be…)

11/30/2015 BowTieLawyer Leave a comment

“O’ Captain! My Captain!”

Divorce, separation and break-ups are hard. They create situations where you have to do things that you normally did not have to do.

A recent fight over the boat brought this lesson home. The parties had a nice boat. Both wanted it. Stereotypes would have you to believe that the Husband was really the Captain and the Wife was posturing. However, you would be wrong. The wife could Captain that boat with the best of them. Somewhat intrigued, I asked why would you Captain the boat. The response was, “What if I did not have someone else to do it? I needed to know how...”

This is why you teach your kids how to change a flat, even in days of AAA and cell phones.

The best advice for today, “Be Your Own Captain!“

Matthew Thompson is a family law attorney in Mississippi and can Captain the ship.

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

Divorce, Opinion

Gratitude and Thanks.

11/24/2015 BowTieLawyer Leave a comment

The advice for the Thanksgiving season is for clients to thank those persons that helped them navigate the troubled waters of divorce. This thanks is for family members, friends, and/or anyone who helped them through the process. Those were the ones there for you when you needed them. Thanks.

Matthew Thompson is a Family Law Attorney in the Hospitality State and knows that a little gratitude can go a long way.

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

Child Custody, Divorce, General Legal, Marriage, Opinion

Friends Don’t Let Friends Post on the Internet

11/18/2015 BowTieLawyer Leave a comment

We’ve blogged on not posting ignorant or incriminating things on FaceBook. (5 FaceBook Don’ts)&(5 More Don’ts).

The prior posts really dealt with you avoiding bad behavior, or at least bragging about it publicly. But, your obligation to be smart should not stop there.

You should not let your friends post hate or trash either. Using a surrogate does not insulate you from the potential carnage. That well-meaning friend being critical of your ex, or their new squeeze, is a direct reflection of your inner thoughts, even if it’s not!

Ask that your well-meaning friend refrain. That they not post about how evil, vile and repulsive your ex is, about how ugly, inside and out, his/her new soul mate is. They can think it, you will probably even talk about it over Mexican and margaritas, but don’t post it on the Internet.

Matthew Thompson is a family law attorney in Mississippi and uses FaceBook and other social media sites a lot more than you probably realize.

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

Divorce, Marriage, Opinion

Things you CAN Cheat on…

11/16/2015 BowTieLawyer Leave a comment

We’re constantly told, reminded and scolded about what we cannot cheat on. But, there are some things you can cheat on, or things that even if you do the consequences are not so dire.

#1. Your Diet. Go ahead and cheat. “Tomorrow” is the most popular day to start a diet anyway, followed closely by “next Monday.”

#2. Video Games. While you do not want to teach your children to cheat, using the “god mode” code makes the game more better. Invincibility only exists in a video game world anyway.

#3. Taxes. This is not recommended, but chances are you are cheating and don’t even know it with the complexity of the Internal Revenue Code. Under reporting income or over reporting expenses or deductions is common and often unintentional.

These are just 3 of the things that cheating on likely will not lead to a long, miserable life, well #3 might, just ask Al Capone.

Matthew Thompson is a Family Law Attorney in Mississippi and advises you to cheat on your diet, not on your spouse or taxes!

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

Child Support, Divorce, General Legal

Tip of the Day: Speak with Efficiency

11/13/2015 BowTieLawyer Leave a comment

ef·fi·cient

(especially of a system) achieving maximum productivity with minimum wasted effort or expense.

(of a person) working in a well-organized and competent way.

Too often in Court, depositions, and generally responding to questions, witnesses provide too much information. In an attempt to tell the “whole truth” the facts get muddled and the point gets lost.

I routinely ask client questions that can be answered simply, but rarely get the simple, straight forward response.

“How much child support are you Ordered to pay?”

“”$750.00 per month.”

“Have you paid it?”

“Well, you see, I was going to, but my car broke down and then I was writing the check ,but she said I could’t get them…”

There may be a great explanation, but first things first. Did you pay? Are you in compliance with the Order? Yes or No? Then explain if needed. Don’t try to guess. Just answer what is asked.

A great tip for doing this is to practice with your attorney so that you know why the question is being asked. Said another way, begin with the end in mind.

Matthew Thompson is a Family Law Attorney in Mississippi and wants you to tell your story, but answer the question first.

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

Opinion

Vote for a new Flag.

11/12/2015 BowTieLawyer Leave a comment

The Clarion Ledger has had several articles and polls regarding the potential change of the current Mississippi State flag.

Vote Here.

I’ve previously blogged on the current State flag and my opinion that same should be changed.

Now here’s your chance to vote on the one you like or submit your own. The prior poll had readers opting for a flag change 55% for – 45% opposed. The majority of poll takers wanted a change.(Granted it was about 1,500 responders.) The disagreement came on what the change should be.

Pick your favorite. Other options are available at the link.

Matthew Thompson is a Family Law Attorney in Mississippi, does not consider himself to be a “whiny, liberal” and still supports changing the flag in Mississippi.

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

Divorce, Opinion

Adultery Train; All Aboard. Next Stop, TROUBLE.

11/09/2015 BowTieLawyer Leave a comment

An affair plays a significant role in a large number of divorces. It is a train wreck to a relationship.

big_bad_locomotive_by_beezqp-d4mfi8t-1024x727 — Beezqp- “Big Bad Locomotive”

A sure-fire way to wreak havoc in a marriage is to have an affair. Mississippi law defines adultery, for now*, as sexual intercourse with a person of the opposite sex, not your spouse. However, due to the secretive nature of affairs you do not have to have an admission to prove adultery.

The ground can be proven through circumstantial evidence.

Upon a satisfactory showing of

1) inclination or infatuation, which can consist of cards, notes, emails, love letters, texts and phone records showing many calls; and

2) opportunity, which is the spouse and that other person alone together, be it in a car, house, motel, hotel, park or back alley, a Court can find that fault grounds exist.

Due to this, even the whole “it’s only an emotional affair” and the “we didn’t have sex” may not be enough to stop the Adultery train from running over you.

So, why do people have affairs? They can be exciting, fun and pleasurable, at least for a little while. What leads to this? Sometimes the person is unhappy, dissatisfied, over-stressed, unloved, under-appreciated, or at least believe that they are.

The problem is the affair does not fix the problem. It only serves to make things worse. Because along with an affair comes new baggage. Guilt, secrecy, and the emotions of a third person are now commingled in your personal life. An affair not only hurts your spouse, but also you, your children and the other party. It has emotional consequences, financial consequences, custody consequences and legal consequences.

An affair is a Train wreck in the making.

Matthew Thompson is a Family Law Professor at MC Law and a Divorce Attorney encouraging you to avoid train wrecks!