What a lawyer says matters. Not that it’s more important than what your Doctor or Pastor says, but if a lawyer is wrong you and he/she may get in trouble. Lots of trouble.
Often I am asked “Can you answer just one simple question?” The problem is the knowledge and information necessary makes neither simple nor just one question. For example, “Will I have to pay Alimony?”
To Answer that with even a remote chance of “getting it right,” one needs to know;
What do you do?
What does your spouse do?
Respective incomes?
Earning Capacities?
Education?
How long since you’ve last worked?
How long since she’s last worked?
Are there minor children in the home?
What age?
How long have you been married?
Marital fault?
How much is the marital estate worth?
Is it liquid?
How much is the separate estate worth?
What else is the spouse receiving?
Just one simple question…
Matthew Thompson is a Domestic Relations Attorney in Mississippi and reminds you that Mississippi is indeed an “Alimony state.”
Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms
Valuing your stuff in a divorce can be a pain. Everything you have is not worth much compared to what that jerk took. Well, except for the house, the car, the jewelry, etc…
All assets owned by parties in a divorce action are to be valued. Even disregarding the marital versus non-marital arguments, a value for every asset is necessary for the Court to consider equitable distribution, how to divide your stuff.
Mississippi case law provides that a Court shall address certain factors when determining the equitable division of the assets owned by the parties involved in a divorce action. A lineage of cases including; Cheatham, 537 So.2d at 438., Haney III, 907 So.2d at 954. , andFerguson v. Ferguson, 639 So.2d 921 (Miss. 1994) give factors for the Court to evaluate when determining the division of assets. The Ferguson factors should be applied in all appropriate situations, including;
#3. The market value and the emotional value of the assets subject to distribution. #4. The value of assets not ordinarily, absent equitable factors to the contrary, subject to such distribution, such as [non-marital assets].
The Court has held that an owner can express an opinion about the value of something they own. So you can say what you think it’s worth, however an appraisal would remove most of the uncertainty.
Everything needs to be valued and be careful of overvaluing his items and undervaluing yours. It’s been done before.
Matthew Thompson is a Family Law Attorney in Mississippi and reminds you that sometimes one man’s junk is another man’s junk, too.
Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms
“We’ll just let the Judge decide!” famous last words…
m_bartosch/ freedigitalphotos.net
Court can take a while for a myriad of reasons.
From filing and just getting a Court date, which could be 3 months to 13 months in the future, to finding and serving the Defendant with proper process, can take longer than expected.
A mistake in not attaching the correct summons, having the incorrect date or time or not properly signing the papers can all lead to delay.
The Judge’s schedule can cause delay. The trial from yesterday may bump you. An Emergency in another matter will bump you. A Commitment, Domestic Violence matter or even one that will be “real quick” can bump you.
Slow witnesses, attorneys that ask a lot of questions, even pointless questions cause delay. Unavailable experts, extra long lunch breaks and multiple recesses add to the length.
Injuries, illnesses and hospital visits delay trials. Also, if you don’t finish in the time allotted, don’t assume you will bump tomorrow’s trial, because you might not!
Not to mention CONTINUANCES.
Even when the trial is over your case may not be. The Court has up to 6 months to Rule on your matter.
Court can take longer than it should and once you find yourself in contested litigation you may well not have a choice but to go along for the ride.
Matthew Thompson is a Family Law Attorney in Mississippi and knows that the Wheels of Justice Can Turn Slow.
Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms
The Mississippi Bar Convention is the annual meeting of the State Bar (of which all practicing lawyers in Mississippi are members) and an opportunity for Lawyers to earn Continuing Legal Education hours.
Great Presentation by Randy Kessler of Atlanta to the MS Bar Family Law Section. You know him from Real Housewives of Atlanta and Nancy Grace! Great guy too!
The Bar’s mission is to protect the public by promoting competency, professionalism and ethics in the practice of law and the judicial system. Membership in the Mississippi Bar is compulsory for all practicing lawyers in Mississippi.
The Bar Convention is a time where lawyers, judges and Court personnel meet, greet, learn and socialize in a relaxed atmosphere. The various practice areas have presentations, seminars and speakers to talk about the recent trends and hot issues. The Bar and various Sections and Committees install their new officers, as the gable is passed.
Legal Pioneers, professionals and those with distinguished achievements are honored and recognized.
Cham Trotter receiving the Ole Miss Law Alumni of the Year at the Mississippi Bar Convention.
It’s fun for the family too!
Matthew Thompson is proud to be a Family Law Attorney in Mississippi and a member of the Mississippi Bar.
Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms
What should be your life’s mission? This is often asked and has lead to much angst. But life’s real mission is to take care of what you have.
So what does that mean? Take care of yourself; your body, mind and spirit. Take care of your family; your spouse, children and relatives. Take care of your property; your house, cars and stuff. Take care of your financial well being; your job, your assets and debts.
A great example is when someone has a great house and doesn’t take care of it. This is most people’s single biggest asset, but when you ignore needed maintenance, delay routine upkeep and attempt to hide issues rather than have them repaired properly, you are ultimately only hurting yourself. Paying a little along the way prevents you from paying a lot later.
Great advice for relationships too. Investing along the way. Taking your time, getting to know one another and doing routine maintenance will help avoid paying a lot later; like a visit to my office.
Matthew Thompson is a Family Law Attorney in Mississippi and hopes you don’t have to call him, but if you do, please do.
Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms
Election season is in the air! But how do you know who to vote for? One way is to meet the candidate and then ask them why are they Running for Office.
WHY I’M RUNNING…
As I continue down the campaign trail, one of the questions that I’m asked frequently is: “Why should I vote for you?” So I wanted to take a minute and tell everybody why I’m running for Madison County Justice Court Judge, District 3. There are actually a couple of reasons why I think I’m well-suited for the position. Like I said, some people already know and if you’ve already heard it, then please just bear with me.
The first reason is that I feel strongly that Justice Court Judges should be lawyers. While the law doesn’t require this, I think it is important that Justice Court Judges have a fundamental understanding of due process. This is certainly not to suggest that a law degree is needed to read a statute or law, but being a judge is much more than reading a statute. In addition to being a lawyer, I believe a Justice Court Judge-and all judges for that matter-have to have common sense. This is an absolute must in Justice Court in particular, because more people will find themselves in Justice Court than any other court in our Judicial system and many, if not most, will find themselves unrepresented. This is because of the relatively low civil jurisdiction, being that Justice Court handles civil matters not to exceed more than about $3500 and generally speaking deals with misdemeanors to include DUI 1st and 2nd, traffic citations and bond hearings.
For example, let’s say I’m sued for $3500 and I go to a lawyer to hire them to represent me. Well, in many cases, that lawyer is going to charge me more than $3500, so that’s a no brainer. I’m certainly not going to do that, so I’m likely going to go to court on my own without a lawyer. The Plaintiff will probably also not be represented, because in Justice Court to start your case you need only to initiate some paperwork, such as an affidavit, and the Clerks are good at guiding people through that process. This is rightly so since Justice Court is still the people’s court. So now we have two parties, neither of whom is represented by lawyers. If you throw a judge into that mix who is not a lawyer, then you have problems. On the other side of that coin, that need for knowledge and understanding of due process is matched by a need for common sense. There must be common sense application of the law. Without both of these, you end up with bad decisions that affect people’s lives.
The second reason is a little closer to home for me. As some of you know, my family has a long history of military support and service. My grandfather served in WWI and all three of my uncles served in WWII, one of whom was killed shortly before the war ended and remains buried in a memorial cemetery over seas. My father was Air Force and flew in Viet Nam and later served in the Air Guard. My husband served during the Gulf War and was stationed on the USS Abraham Lincoln and my mother, who is a nurse, retired from the Army National Guard as a full-bird Colonel. I will never be able to compare to that kind of service. Those in my family who’ve come before me contributed to our way of life in a way to which my contributions will not compare. My contributions to this community and country will, in large part, come in how I raise my children, my charitable contributions and how I use my education, experience and skill set. The last of these I believe make me the best-suited candidate for Madison County Justice Court Judge. Finally, I do have judicial experience. For the last five years I have presided over abuse and neglect adjudications and Delinquency proceedings.
If you’re still reading, I thank you for hanging in there. I know this is not the most interesting post, but if I’m asking for your vote, I think it’s important for you to know why I’m running.
I want to thank everyone for their support. I can’t express how much it means to me. We’re out of t-shirts, but ordering more and we’ve got more signs coming in today. Please let me know if you’d like either and visit www.kellywilliamsforjudge.com to get involved. Please get out and vote on August 4th and please consider voting for me. I need your vote!
*Thompson Law Firm, pllc, is a Host for the Kelly Williams for Madison County Justice Court Judge campaign.
While the scientific data is still out as to the existence of soulmates, one thing is for sure. If you break up with your Soulmate for a much younger soul, she will hate you!
Upon Brinkley’s ex, the Piano Man himself, Billy Joel, getting married to his soulmate, Brinkley tweeted, “Congratulation[s] to the glowing bride and groom. And to my daughter Alexa, who has a wonderful friend in Alexis! Wishing the growing family every happiness!”
Sounds sweet, right?
However, Alexa is the daughter of Brinkley and Joel. She is just four years younger than her new stepmother, hence their “friend”ship. Brinkley also noted the “growing family” hinting that perhaps the new Mrs. Joel is with child.
Matthew Thompson is a Family Law Attorney in Mississippi and is developing a new theory on Soulmates. He advises his clients, their exes and their new flames to all just get along…
Mississippi was recently determined to be the “most corrupt” state. It appears we may be deserving of that title…
atibodyphoto /freedigitalphotos.net
A post earlier this year told of the woe of Judge Joe Dale Walker and self-dealing from the bench which lead to his removal, conviction and incarceration.
In summary, Walker instructed a federal grand jury witness to destroy documents and then Walker lied to the FBI about it.
Walker appointed a Conservator to solicit bids for the construction of a home for a ward, a litigant in his Court. Of the bids obtained, one was from the Judge’s nephew. The Judge reviewed the bids in his office and instructed his nephew to increase his bid. Walker then transferred the case to the other Judge in the district for the limited purpose of accepting and approving the bid because of his nephew’s involvement. After the contract was awarded to Walker’s nephew, the case was transferred back to Walker by the second Judge.
This conduct lead to his demise. But, the story is not over…
The second Judge, David Shoemake, is now in the hot seat over the same allegations.
Magee News
Shoemake originally denied signing the Order approving the bid. The Mississippi Commission on Judicial Performance conducted an investigation into these allegations.
Concerning the order dated August 2, 2011, Shoemake testified at a Judicial Performance Show Cause Hearing, “I’ll say no, it’s not my signature. It looks like my signature. But I don’t think it’s my signature. I think it’s been transposed or cut and pasted or something.” (Ex. 4 at 30). As the questioning continued concerning that order, Shoemake grew more insistent:
Q: So you maintain that this is not your signature on the order filed on August 9th and dated August 2nd?
A: Yes ma’am, that’s what I maintain. And, if you will notice, the order that has the date August 2nd, 2011, has been cut and pasted. It’s got three computer fonts on the front page. And it tries to cut in this language from the copy of the order that she sent me at 3:59 an [sic] August 2, 2011. So the order has obviously been messed with. Somebody has cut and pasted. (Ex. 4 at 37).
Shoemake then stated, “I have never in my life signed a second page with a signature blank on it and that’s all; as a lawyer doing deeds or accepting deeds or any kind of document. I would not have signed my name on a page with my signature blank alone, because it just throws into credibility the first page. You can change the two pages, make them interchangeable.“
His testimony “changed” following a handwriting analysis. The Commission had a handwriting analysis conducted which determined that it was in fact Judge Shoemake’s signature on all Orders in controversy.
At a Formal Hearing before the Judicial Performance Commission, Shoemake admitted signing all of the orders in controversy. He argued he was justified in signing the orders after transferring the matter back to Walker because that was customary, he “didn’t see anything wrong with it at that time . . . I have jurisdiction. And judges can accommodate one another in the same district.” (T. at 202). In fact, he never gave that a second thought: “don’t remember that even being an issue.” (T. at 341). He stated he only did it because he was told that was what Walker wanted.
When was asked at the Formal Hearing why, at the prior hearing, he did not simply explain that he signed the orders because he was told that was what Walker wanted, he stated, “I can’t answer that. I don’t know.” (T. at 346).
The current allegations are limited to conduct on the bench and whether they are violations of the Cannons of Judicial Ethics.
Follow the blog: BowTieLawyerVisit the website: Thompson Law FirmYou may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms
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