Child Custody, Divorce, General Legal, Irreconcilable differences, Visitation

Common Divorce Vocabulary- 8 Terms to Know

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Lawyers have their own language. It’s a mishmash of legal jargon, Latin phrases, arcane vocabulary words and .50 cent words to make us sound smart.  Here are just a few of the common terms.

Final Judgment of Divorce, or Final Judgment or Decree of Divorce or Final Order of Divorce.

This is the technical divorce.  This is the document that once signed by the Judge and filed by the clerk means you are divorced.  Every single case will have this document.

Property Settlement Agreement, PSA, Marital Dissolution Agreement, MDA, Final Separation Agreement, etc.

These are your “divorce papers.”  This recounts your rights, obligations, and the terms of your divorce. If your divorce ended via an Agreement you will have one of these.

Opinion of the Court.

These are your “divorce papers” if the Judge decided your case.  If you did not agree, but went to Court and the Judge ruled you will have, most likely an Opinion and Final Judgment.

Qualified Domestic Relations Order

This is how divisible retirement accounts are divided and apportioned to each party without tax consequences.  Commonly referred to as a QDRO (pronounced quah-drow) .  Depending on what you do with the funds after the QDRO transfer ultimately determines if there are taxes, what amount and penalties, if any.

No Fault Divorce.

It’s not technically “No Fault” in Mississippi, but rather Irreconcilable Differences or (ID).  This requires the parties to agree to the divorce and all the terms, which include custody, support, alimony and division of the property both real and personal.  This would be detailed in the Property Settlement Agreement.

Fault Divorce.

A divorce granted on fault grounds; adultery, cruelty, drunkenness, drug use, etc.

Real Property.

The house(s) and land.

Personal Property.

The stuff; cars, couches, TVs and spoons.

Child Custody

A determination of both legal and physical child custody.  Sometimes referred to as primary or joint or sole or paramount.  Each possibly meaning something different and then Visitation thrown in for good measure.

Matthew Thompson is a Mississippi based Family Law Attorney and Adjunct Professor of Domestic Relations.  Knowledge is Power, the more you know…

Follow the blog: #BowTieLawyer 

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Crime, Marriage

And another…Sentenced to 8 Years, Married Co-Defendant and are Soon-to-be-parents!

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Earlier today I blogged on a Judge sentencing a convict to 50+ years for murder, performing the wedding ceremony and baking the wedding cake. Now Mississippi  is trying to top that.

A Lee County Court sentenced a man to 10 years, with 8 to serve and restitution to be paid for crimes that he plead guilty to.  Additional sentencing for other criminal charges were suspended due to the above sentence.  Shortly after sentencing, the same Judge married the man and his girlfriend.  His girlfriend was 8 1/2 months pregnant at the time and just so happened to be a co-defendant in the additional charges (house burglary).  Now wife has pleaded not guilty to the burglary charges and is out on bond, awaiting her day in Court.

The Judge commented that he normally does not do this, but “I’m doing this because she’s pregnant.”  You can click the link for the dmNEWS video of the ceremony!

There is no indication that the Judge baked a cake, nor that any refreshments were served.  The parties intend to have a reception in 8 years.

Matthew Thompson is a Mississippi based Divorce Lawyer and cautions you that a wedding immediately after your spouse is sentenced does not bode well for a romantic love story.

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law case or question at (601) 850-8000 or Matthew@bowtielawyer.ms

General Legal, Marriage

Sentenced to 50 years. Married. Bake me a Cake.

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In what is the most bizarre story so far this year, (sorry Charlie Sheen), a California Judge who oversaw a murder trial sentenced the convicted to 53 years in prison then performed a wedding!

Danne Desbrow was first sentenced for murder, then married, all by the same judge! (Screenshot/UT San Diego) http://laist.com/2013/09/30/prisoner_sentenced_then_married_by.php

After the trial resulted in a conviction for murder, the matter was reset for sentencing.  The convicted was sentenced to 50 years for murder plus 3 years for intimidating/threatening a witness.  After the sentence was handed down the Judge cleared the Courtroom, except for Court staff the convicted and his fiancée.  The Judge then performed the wedding ceremony wherein  the convict married his girlfriend, who he had rekindled his relationship with while he was in jail awaiting his murder trial.  To top it off, the Judge baked the cake that he parties enjoyed after the ceremony.  Reports indicate it was a frosted, vanilla Bundt cake.  The judge sliced the couple each a piece prior to the ceremony, as reportedly, she was uncomfortable with a knife being around the convicted.

The victim’s family is  understandably upset.

Matthew Thompson is a Mississippi based Divorce Lawyer and predicts that this match will not last.

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law case or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Divorce, Food Related

The Day I Ruined Valentine’s Day!

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It’s Valentine’s Day.  A day earmarked for outward expressions of love, roses and all things pink and red.  It is also just another day.

In the Family Law arena, Valentine’s Day can be a litmus test.  It determines the state of your union.  It could either be a day where he proves he loves you, he proves he loves someone else, or a day just like any other.

One of my favorite Valentine’s War Stories happened a few years ago. I was meeting a friend/client for lunch on V-day. (Don’t worry, I had dinner plans with the significant other, too).  As I entered the restaurant I locked eyes with an already seated guest.  I gave the acknowledging head nod, meaning I know I know you, though, I was thinking I’m not sure how.  I walked past the table, noticing he was on a romantic lunch date with his squeeze.  As I met my party for lunch it dawned on me.  I know how I know that person. I represent his wife!

As I put the pieces together, I realized his Valentine’s date was not his wife, my client.  It was the other woman!  My lunch-mate asked me why I had “that” look on my face and I said I am familiar with the table in the corner.  He asked, “You mean the couple running out of here?”  As I turned to see, sure enough they high-tailed it out of the restaurant before they could enjoy their Valentine’s meal.  I ruined their Valentine’s, or at least I like to think so. (The case settled shortly thereafter).

Valentine’s Day is ultimately just another day.  Sure, it’s a great time to let the ones you love know it, but so is the day before and the day after.

Matthew Thompson is a Mississippi based Divorce Lawyer, and though he does not ruin many Valentine’s Days, when he does, he ruins it for your soon-to-be ex-spouse.

Follow the blog: #BowTieLawyer

 You may also contact Matthew with your family law case or question at (601) 850-8000 img_2897

General Legal

You Can’t Pick Your Judge (…or Can You?) 2014 MS Judicial Elections

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Normally you do not get to pick your Judge.  In fact, “judge shopping” wherein a suit is filed, you see who it’s assigned to, then dismiss and refile hoping to get a different Judge is unethical and illegal.  However, November 4, 2014, is the date that you DO have a say in which Judge will hear your case.  This is election day for the Judges that are required to run for their positions.

Most Judges in Mississippi take the bench via  election.  Judges run in a non-partisan capacity, meaning they are not required to pick a political party, though they can be endorsed by parties, individuals and entities.  Judge qualifications differ depending on the seat sought, with age, residency requirements and most positions requiring a law degree and practice experience, but not all.

May 9, is the qualifying deadline for non-partisan Judicial elections.  Registration is with the Secretary of State’s Office and a recent list of the those that have qualified thus far has been released.

Most Judges are running unopposed, at least for now, but a few races will be interesting.

  • On the Coast, Chancellor Neil Harris, who’s been in the news, has an opponent in local Jackson County Board Attorney, Paula Yancey.
  • The 13th Chancery District will have a contested election.  Current Chancellor, Joe Dale Walker has some controversy surrounding a recent ruling, as noted here, and faces at least 2 opponents if he chooses to seek re-election. Gerald Martin and Deborah Kennedy have both qualified to run for this seat.   The 13th District serves Covington, Jefferson Davis, Lawrence, Simpson and Smith counties.
  • Close to home, current Chancellor Janace Harvey-Goree has not yet qualified to run, though attorney Robert G. Clark, III, of Lexington, MS has.   Judge Goree sits over Holmes, Yazoo, Madison and Leake counties.
  • Also, as of current, no Chancellors in Rankin or Hinds counties have opponents.

2014 Candidate Qualifying List

Matthew Thompson is a Family Law Attorney, with a statewide practice, reminding you that your vote counts.

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law case or question at (601) 850-8000 or Matthew@bowtielawyer.ms

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Divorce

Abandoned, Deserted, Left…

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Desertion is one spouse’s willful abandonment of the marriage for at least 1 year without consent, just cause, excuse, or intention to return.

More commonly called abandonment, being left or just plain dumped, desertion is more than just a fight he or she leaving for the weekend.  It has to be for 1 year.  That is 365 days!  Also, the party that did not leave, cannot be materially at fault for the other person leaving.  This means you cannot kick him out, then sue for divorce, with no other intervening events.

Desertion can also occur even with no one leaving the house.  The “deserted” spouse must demonstrate that he/she did not consent to the “leaving of the relationship” and that a willingness to renew the relationship was refused by the deserting partner. However, if the deserting spouse makes a good faith offer to return and the other spouse then refuses, the refusing party could become the deserter.

Finally, there is a concept known as “constructive desertion.”  This occurs when the conduct of one spouse is so bad that it forces the other party to leave.  The above requirements still apply as far as the timing and that it could be prevented by a good faith offer of reconciliation.

Desertion is a viable fault ground for divorce, but it must be proven to the satisfaction of the Court and can devolve into a “he said, she said.”  Also, just because one spouse leaves it does not mean the other spouse gets all the property.  If the Court awards a divorce then a property split will also be done.

Matthew Thompson is a Divorce Attorney in Hinds County, Mississippi and if you’ve been left high and dry it may be time to get down and dirty.

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law case or question at (601) 850-8000 

Divorce

Reprise: That Checklist Thing

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Great Trial Prep and Trial Checklists from Chancellor Larry Primeaux of the 12th Chancery District of Mississippi. He has a resourceful blog about all things Chancery, Mississippi History and the occasional recipe.

Larry's avatarThe Better Chancery Practice Blog

Reprise replays posts from the past that you may find useful today.

UPDATED CHECKLIST OF CHECKLISTS

May 27, 2011 § 2 Comments

Proving your case by proving certain factors is a fact of legal life in Mississippi.  I’ve referred to it as trial by checklist.  If you’re not putting on proof of the factors when they apply in your case, you are wasting your and the court’s time, as well as your client’s money, and you are committing malpractice to boot. 

Many lawyers have told me that they print out these checklists and use them at trial.  I encourage you to copy these checklists and use them in your trial notebooks.  And while you’re at it, you’re free to copy any post for your own personal use, but not for commercial use.  Lawyers have told me that they are building notebooks tabbed with various subjects and inserting copies of…

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Divorce, General Legal

Things NOT to Brag About.

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It’s sometimes hard not to tell the world how great you are.  Think Mohamed Ali. I get that.  But, there are some things that you should just never brag about in a legal situation.

Thomas Hoepker/Magnum Edition 2/7

Never Brag about;

  1. How well you KNOW the Judge.
  2. How well your lawyer KNOWS the Judge.
  3. How you KNEW the outcome before it was Ordered.
  4. How much money you HID.
  5. How much you “pulled the wool” over the other side.
  6. How her attorney was “on the take” for you.
  7. The FIX was in.
  8. Bribes being made.

Now this is not a guide on how to deceive.  I am not recommending you do these things, but just not talk about them.  I am adamant that you should NOT do these things, ever.  This includes talking about doing these things.  In my experience, I hear comments like this being made falsely to intimidate the other side or just to be plain mean.  Comments like this very well could lead to trouble for you even when the comments are false.

Sometimes things are better left unsaid.

Matthew Thompson is a Divorce Attorney in the Mississippi reminding you that you are NOT Dizzy Dean or Mohamed Ali.

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

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