Tag Archives: divorce

Different Laws in Different States (Get Advised by an Experienced Attorney in Your State)

02/28/2014 BowTieLawyer Leave a comment

All States have Family Law Courts, but not all Family Laws are the same throughout the Country.

Often I get calls from potential clients from other states. Either they were originally from here and did not know who else to call, their case was originally decided here, or they just heard that State “X” has a certain law. Where you can sue or be sued really regards jurisdiction, blogged previously. Today is about the fact that the law is different from State to State.

There is no uniform code of family law. All states are required to have a child support formula, but not all states calculate it the same way. All states have provisions for divorce, but some states prefer “No-fault” divorces while some require you to have fault grounds, if an agreement cannot be reached. States have different burdens of proof, residency requirements and waiting periods.

Just because your cousin’s friends got something in her divorce in Texas does not mean you can get it in Tennessee.

Matthew Thompson is a Domestic Relations Attorney in Mississippi. Be sure you call an attorney in the appropriate State.

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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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.

Follow the blog: #BowTieLawyer

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

Divorce

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

Child Custody, Divorce, General Legal, Marriage, Opinion

Lawyers, Suicide & Family Law

01/24/2014 BowTieLawyer 1 Comment

A recent report indicated that the legal profession has the 4th highest rate of suicide among professionals.

Family Law issues lead to a higher rate of depression than average and it is not uncommon for suicide threats and attempts to occur contemporaneously with Family Law matters.

If you find yourself dealing with these issues; family crisis, depression, thoughts of harming yourself or others, seek immediate help. It does not mean you are weak. You are human and emotions run the gamut in these situations. Go to your Dr., seek out a Professional Counselor, your Pastor and/or talk to a lawyer or all of the above. Oftentimes it is NOT as bad as you think and working with the right professional will aid your recovery.

Know this. Family law issues are NOT the end of your World and are NOT a reason to do something that cannot be undone. Perhaps it’s cliché, but suicide is a permanent outcome due to a temporary problem.

Matthew Thompson is a Family Law & Divorce Attorney and Counselor at Law and can help when dealing with a family law crisis.

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

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Child Custody, Child Support, Crime, Divorce, General Legal, Opinion

How to be a TERRIBLE Person. (11 specific ways you can be mean & hateful.)

12/23/2013 BowTieLawyer 5 Comments

In my profession I get to see a lot of what not to do almost, every day; from videos, texts, and emails to actions and sometimes inaction.

So, I have compiled a list of what terrible people do. If you want to be terrible do these things, in no particular order.

Curse and scream at your spouse, as loud as you can, as often as you can.
Curse and scream at your children.
Make false abuse claims.
Lie about the false abuse claims even when it’s clear they are false.
Bad-mouth your child’s other parent to the child. (Hey, it’s the truth, right!)
Interfere with their time with the child. Just do it. Sure it hurts your child too, that’s what makes it even more terrible.
Abuse your spouse or child. (Any form – all are terrible, some more-so than others.)
Refuse to support your family.
File suit when your ex paid 5 days late, even though they told you. It’s the principal, right?
Threaten to make public private images. (and mean it when you say it, at least in the moment.)
Refuse Christmas visitation. Just because.

There you have it, 11 mean, hate-filled things that you can do to be terrible.

“Oh, and if you don’t want to be terrible don’t do these things.” – Matthew Thompson

Matthew Thompson is a Family Law Attorney in Mississippi and tries not to do terrible things or give terrible advice.

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

Divorce, Irreconcilable differences

Lose Over 180 lbs in Just 60 Days* (via Divorce)

12/16/2013 BowTieLawyer 7 Comments

Lose weight fast. This is not the type of “diet” usually recommended by Doctors, but it can free you from an unhealthy situation.

Mississippi law provides for an Irreconcilable Differences divorce process that can streamline divorce. An “ID” divorce is the quickest, cheapest and most amicable means to get a divorce. However, it is not always possible to take advantage of this type of divorce.

You and your spouse must;

Agree to a Divorce
Agree to all of the Terms of the Divorce Agreement (including custody, support, visitation, property division and financial terms)

The basic process is;

File a Joint Complaint for Divorce (this begins a 60 day waiting period)
Prepare and exchange financial Statements
Prepare and sign the Child Custody and Property Settlement Agreement
Prepare and sign the Final Judgment of Divorce
Present the paperwork to the Court for approval (after 60 days of the initial filing)

So, if you need to lose weight fast in the form of your spouse, please consult an attorney and consider the “ID” diet.

Matthew Thompson is a divorce attorney and can help you lose weight fast, via divorce.

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

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