Abandoned, Deserted, Left…

02/11/2014 BowTieLawyer Leave a comment

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

02/07/2014 BowTieLawyer Leave a comment

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.

The 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.

02/06/2014 BowTieLawyer 1 Comment

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.

Never Brag about;

How well you KNOW the Judge.
How well your lawyer KNOWS the Judge.
How you KNEW the outcome before it was Ordered.
How much money you HID.
How much you “pulled the wool” over the other side.
How her attorney was “on the take” for you.
The FIX was in.
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

Child Custody, General Legal

You’re FIRED!

02/05/2014 BowTieLawyer Leave a comment

In a follow-up to a blog this past September, a TN Judge has been removed from the bench due to her actions.

As you may recall the TN Judge changed the name of a child from Messiah to Martin over the objections of mom and dad, who were in a disagreement about the child’s last name, not his first name. The Judge determined the child should not be named Messiah.

What the Judge failed to consider however is that parents have a constitutional right to raise their children as they see fit, a constitutional right to privacy and a presumption that they are acting in the child’s best interests; this includes naming the child. TN could determine the last name, which could either be the same as the mother’s or the father’s, but crossed the line when changing the first name.

Now, the Judge has been removed for this among other unreported reasons. The Judge still faces possible Judicial Conduct sanctions for her actions from the bench. Mississippi would have reached the same outcome as well.

Matthew Thompson is a Child Custody attorney in the Magnolia State, does name changes and encourages you to know your rights as a parent.

Follow the blog: #BowTieLawyer Visit 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

alienation, Child Custody, Child Support

Don’t be a Rotten Parent

02/04/2014 BowTieLawyer 3 Comments

Rotten (adjective, rot·ten·er, rot·ten·est.)

1. decomposing or decaying; putrid; tainted, foul, or bad-smelling.

2. corrupt or morally offensive.

3. wretchedly bad, unpleasant, or unsatisfactory;

miserable: a rotten piece of work; a rotten day at the office.

4. contemptible; despicable: a rotten little liar; a rotten trick.

Parenting is hard. Co-parenting even more-so especially with the one other person on the planet that you despise the most, but it MUST be done. Rotten parents, unfortunately, exist and some even thrive at their rottenness. Seldom, it seems, are they actually held accountable for their conduct.

What is Rotten parenting?

Bad mouthing the other parent to the child.
Bad mouthing the child.
Being unreasonable in your demands to spend time with the child.
Being unreasonable in the other parent’s requests for additional time.
Unreasonably interfering with the child’s schedule.
Creating an unreasonable schedule for the child to interfere with the other parent’s time.
Making false abuse allegations.
Perpetrating abuse against the child and/other parent.
Using finances to the detriment of the child.

So, what do you do as a “non-rotten” parent? You keep doing the right things. Every time. It’s what is best for your child. And when it’s bad enough, take action and follow it through.

Matthew Thompson is a Child Custody attorney and warns against rotten parenting.

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

Child Custody, Divorce, Visitation

Raising Arizona…in Mississippi.

01/31/2014 BowTieLawyer Leave a comment

Believe it or not Arizona is on the forefront of co-parenting and custody arrangements. The plans and resources available to parent’s do a better job of serving the best interest of the child over some other State’s one-size-fits-all approach to custody and visitation!

The Arizona Supreme Court website has a “Planning for Parenting Time – Arizona’s Guide for Parents Living Apart” which has numerous schedules, options and ideas for parents with children who are no longer living together.

There are schedules that are age-dependent, meaning the custody times are specifically catered to the age and needs of the child, from infant to the teen years. There are schedules for when mom and dad are “high conflict,” suggesting the exchanges be at school or daycare so mom and dad don’t actually see each other. There are schedules for when the parents live great distances from one another and for when they are in the same community. There are more 1) traditional schedules, 2) week-on, week-off, 3) 5-2-2-5, 4) 3-4-4-3, and 5) provisions for a unique and completely custom schedule based on what you need.

If your goal is truly the best interest of the child, take a page from the Arizona parenting guide and consider what is best for your child when determining custody Every other weekend is slowly going by the wayside.

Matthew Thompson is a Child Custody attorney and encourages solutions specific to you and not what your neighbor’s friend’s cousin got.

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, General Legal

How’s the State of Your Union?

01/29/2014 BowTieLawyer Leave a comment

Recently President Obama delivered his 5th State of the Union Address to the American People, summarizing the status of the U.S. Similarly assessing the State of Your Union is a good idea.

A healthy relationship may be judged by how you and your significant other deal with the major areas in any relationship.

Communication

Are you listening? Yelling, silent treatment, saying what you mean, being understood.

Financial

Are you on the same page with major purchases, savings, etc. Are job issues straining your relationship?

Intimacy

Issues of frequency, satisfaction and healthy self-images.

Conflict Resolution

How do you resolve conflicts? Arguing the loudest does not determine a winner.

Children

To have or have not?

How’s the State of Your Union? This list is not exhaustive, but is a good starting place. Sit down with your spouse and talk about it.

Matthew Thompson is a Family Law attorney and talking with your spouse about issues in your relationship now may prevent you having to sit down and talk about it with me later!

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

General Legal

Don’t Count on Shortcuts to Success

01/28/2014 BowTieLawyer Leave a comment

Ah, success. Being your own boss, no financial worries, owning three 4-wheel drive vehicles, however you define success the strive for such is a great thing and a motivator in it of itself. But, don’t count on shortcuts to get you there.

Common wisdom says it takes 10,00 hours to be an expert on any topic. That is 5 years worth of 8-hour days (with weekends off). Often, it seems we are seeking to take the shortcut to success and it’s great if it can be had, but it is not an appropriate plan to count on to get there. Similarly, in a Family Law case clients are ready for it to be over before it even starts. Cases must run their course in most circumstances and the process cannot be shortened, absent agreement of all parties and Court approval, which doesn’t happen in highly litigious situations.

Shortcuts, where an opportunity presents itself are to be considered and taken, but counting on shortcuts to get you where you need to be is a bad plan.

Matthew Thompson is a Family Law attorney and cautions you to not count on shortcuts, but take ’em if you get ’em.

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