At Your Service; Service of Process

02/26/2014 BowTieLawyer 1 Comment

Service. Service of Process. Process. Notice, actual & constructive. This is not the beginning to an obtuse legal poem, it’s the papers you get.( Or don’t get)

When were you served? How were you served? Who served you? All of these are questions that you will be asked up front by your attorney when discussing your legal situation. The timing of service, the manner in which you were served, what you were given and by who are ALL critically important.

Typically, you are required to be personally served with process. This means that an adult person, not a party or attorney to the action, should hand you the Petition seeking relief and a Summons issued by the Court. There could be other documents, multiple summonses, but the Petition (or Complaint) and a Summons should be there for proper service. There are also exceptions that allow service to be accomplished other than by personal service. A family member could accept, you or your attorney could waive service, and there are provisions for certified mail and publication service procedures. It can actually be a complex issue and just because you have papers in hand, it still may not be perfected service.

Pay close attention to the papers you are given, when you are given them and who gave them to you. Your legal life may depend upon it.

Matthew Thompson is a practicing attorney in Mississippi Chancery Courts and deals with service of process issues routinely.

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, General Legal

Patience is a Virtue.

02/25/2014 BowTieLawyer Leave a comment

I’m sitting in Court this morning with some very impatient people around me.

People who would rather be anywhere but here, I gather. So, what’s the take away? Court does not always start at 9:00 sharp, or even on time. Be patient.

The importance of your case pales in comparison to someone else’s case, at least to them. Be patient.

Take a crying baby into Court, try everyone’s patience.

Matthew Thompson is a practicing attorney in Mississippi Chancery Courts and is usually patient.

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

Mississippi Judge Suspended

02/19/2014 BowTieLawyer 1 Comment

Chancellor Joe Dale Walker, of the 13th Chancery district which includes;Covington, Jefferson Davis, Lawrence, Simpson and Smith counties, has been suspended by the Mississippi Supreme Court.

A prior blog post had the contested MS Judicial elections. This included Judge Walker’s seat, which currently has 2 candidates vying for his seat on the bench. The blog linked to the issues that were surrounding Judge Walker, which can be viewed on Jane’s Law Blog.

Judge Walker was handling a conservatorship and approved, or had approved by the other Chancellor, an Order or Orders which awarded a construction contract to a relative of the Judge’s. Judge Walker denies any material wrongdoing and points out that upon realizing the involvement of that family member he transferred it to the other chancellor. An attorney representing the ward gave statements against the Judge, but then apparently refused to testify at a hearing. The facts and accusations are somewhat bizarre. It should be noted it is an interim suspension pending a full inquiry into the allegations. MS Supreme Court Order (Order).

Matthew Thompson is a practicing attorney in Mississippi Chancery Courts.

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

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

Common Divorce Vocabulary- 8 Terms to Know

02/19/2014 BowTieLawyer 2 Comments

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…

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Crime, Marriage

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

02/18/2014 BowTieLawyer 1 Comment

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.

02/18/2014 BowTieLawyer 1 Comment

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!

02/14/2014 BowTieLawyer 1 Comment

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.

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

General Legal

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

02/13/2014 BowTieLawyer 3 Comments

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