Changing the Locks!

Can I Change the Locks?

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The old ‘Can I change the locks?’ question is in the top 5 of divorce questions.  Today you get an Answer.

Yes.  You can change the locks if it’s your house.  If you are purchasing the home, or leasing or renting the abode, apartment, condo or camping trailer you can change the locks.  But, there’s more…

What if he changes the locks on me?  You can let yourself in if it’s your house.  If you are purchasing the home, or leasing or renting the abode, apartment, condo or camping trailer you can let yourself in.

What does ‘let yourself in‘ mean?  Exactly as it sounds. If you have a copy of the deed or lease agreement a locksmith will let you in for a fee, or you can break the window and let yourself in.

You cannot break into your own house.*

So, I can change the locks, but it may not keep him out? Correct.

How do I keep him out? Get a Court Order(a blog for another day).

(*Unless there is a Court Order awarding one party exclusive use, or if it is NOT your house.)

Matthew Thompson is a divorce attorney in Mississippi and knows a great locksmith.

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

 

When to FIRE Your Attorney.

You’re Fired!

Start the New Year with a bang!
Firing your attorney is sometimes a necessity. So how do you know when the time is right?

They won’t communicate with you. Communication, or lack there of, is the #1 complaint against attorneys.

Charges, charges, charges! Attorneys must make a living too, but if your representation equates to a blank check Watch Out!

They lie. If your attorney is lying to you it’s time for them to go.

They do nothing. Sometimes this could be strategy and may be the smart play, but you should know the strategy.

Matthew Thompson is a family law attorney in Mississippi and reminds you all attorneys are not equal.

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

Bah Humbug!

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Merry Christmas!

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Curse Words and Other Names to Call a Divorce Lawyer. (*#%$#&…and some Hate)

About half of all the people I come into contact with end up hating me…

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I don’t think this bothers me, though. It suits my personality. However, my goal is not to be hated, nor is my goal to destroy your family.  Enough of you do that without any attorney’s help.

I have been cussed out, threatened and heckled for doing my job. A few include;

  • “Terrorist” (by opposing party)
  • “Weasly, little, S.O.B.” (by opposing counsel outside of Court)
  • “@#@$^&@$*!” (too harsh to print)
  •  “Homeboy” (by opposing counsel, in Court!)
  • “Bow Lie Lawyer” (by opposing party…a year later, hmm…)
  • threatened to be “filleted” (like a fish, I suppose, by opposing Counsel- in a call to my home after hours- we’re friends now)
  • and just about every other “name” in the book

What have you been called at work?

(leave a comment)

I consider this a badge of honor, in case you are wondering.  I would also encourage the would-be-litigants to direct their anger not at the attorneys,  nor even the other spouse, but to use that anger to search inward and resolve to improve yourself and those relationships with others.  At least that is what Dr. Phil would say.  And if all of that is too hokey – be your worst self and see how that works for you.

Matthew Thompson is a Divorce Lawyer in Mississippi and encourages those of you that are name callers to Grow Up.

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

Memo for Friends of Divorcing Couples; You Can Still be Friends

I think it was a Country music song that said in Divorce you not only lose a spouse, but also half of your friends.

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Memo to Friends: You can still be friends.  The tendency is to avoid the divorcing parties.  After all you just don’t want to get involved and you could end up being a witness.  While this may be true you have to ask “Are you being a Friend?“

Oftentimes the friends choose a side or stay out all together, however divorce does NOT require this.  One of the divorcing parties may seem to “require” this, however.

If you are a close friend of a person going through a divorce or separation they need an outlet to vent to or take their minds off of things.  If you are a party to a divorce or separation requiring your friends to divorce your spouse is usually not the right answer.

Matthew Thompson is a Divorce Lawyer in Mississippi and reminds you of the wise words of WAR, the American funk band, – ” Why can’t we be friends…”

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

BEASTIE BOYS on Parents’ Rights to Records; Know this LAW- MCA 93-5-26

You Have to Fight…for Your Right to…PARENT!

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With apologies to the Beastie Boys, it should NOT be a fight to get your child’s important school  and medical records.  Fortunately, by law in Mississippi, you are entitled to those records regardless of your Custody papers.

REGARDLESS of CUSTODY!

Miss. Code Ann., Sec. 93-5-26, concerns a noncustodial parent’s right of access to records and information pertaining to  minor children.

“Notwithstanding any other provisions of law…access to records…pertaining to a minor child, including but not limited to medical, dental and school records, shall not be denied to a parent because the parent is not the child’s custodial parent if such parent’s rights have not been terminated by adoption or by termination of parental rights proceeding.” Id.

As a parent you have the right to this information by law.  You can request medical records regarding your child’s health and prior appointments, you can get their school records and grades, whether the other parent gives it to you or not.

Armed with this Statute and a smile, schools and doctor’s offices have no right to refuse you this information.

Print YOUR Copy of the Law Here!   Miss. Code Ann., Sec. 93-5-26

Matthew Thompson is a Child Custody Litigation Attorney in Mississippi and wants parents to know their rights and fight for their right to…Parent!

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

Mic Test: “Testing 1, 2, 3…”: Recording in Divorce- Good, Bad & Ugly

Recording Fever has swept the divorce world, at least, since the 1980s.

Recordings set the record straight, right? It’s incontrovertible proof that so-and-so said what-they-said on any given date.  It’s right there on tape…

Not so fast. First of all is it legal where you are? States have differing laws on recordings. Generally, in this state, recording is legal so long as one person to the conversation is aware that it is being recorded. However, this is not the case in every state and some require all parties know and consent.

Secondly, is the recording a set-up?  There have been instances where a spouse (or ex-spouse) intentionally created circumstances where the other spouse would “blow up.”  Under these circumstances your recording may get you in more trouble than it’s worth.

Third, is the recording complete and unaltered? Recordings can be edited. They can certainly be manipulated.  Recordings must be authenticated, complete and relevant to be considered admissible.

Fourth, is it as valuable as you think? I know a Judge whose opinion is “You need to be focusing on parenting and communicating with the other parent rather than recording every interaction…“

Recordings, either audio or video or both, may well be legal, legitimate, complete and valuable, but it could easily be illegal, under false circumstances, incomplete and of no value. Discuss the laws regarding recordings and admissibility with your attorney.

Matthew Thompson is a Family Law Attorney in Mississippi and warns clients of the possibility of surveillance and recordings, reminding them to say and do things they do NOT mind being played back in Court.

You may  contact Matthew with your family law matter or question at (601) 850-8000

Divorce, Child Custody & Support, Alimony, Contempt, Modification, Adoption, Appeals, Corporate Counsel, Professional Licensure Issues, and Civil Litigation.