Tag Archives: divorce

Know What is Going on in Your Case!

10/03/2012 BowTieLawyer Leave a comment

There have been countless times that I have spoken to a potential client (PC, not to be confused with a personal computer), that has been represented by another attorney, and the PC does not know what is happening in their own case. This is unbelievable to me. They do not know what was filed, they do not know if it has been set for trial, they do not know who the judge is.

A Family Law case is just about the most difficult thing that you do as an adult, short of a death of a close family member. And in some instances Divorce can be worse because it’s the “death” of a marriage and you still have to co-exist with the other party. At least if they were dead you wouldn’t have to deal with them. Glib humor aside, Family Law is hard.

David Castillo Dominici/ freedigitalphotos.net

As a client you should know what has been filed; a Joint Complaint or a Fault based Complaint, you should know if you have Court coming up, and you should know who the Judge is. Now, if you were told all of this and chose not to place this info into your permanent memory banks because you have confidence in your attorney and your goal is to get through today, that is ok. But, if you don’t know the details because it has not been explained to you, it is time for a sit down and a heart to heart, seeing eye to eye with your attorney. (BTW, all attorneys have been guilty of this a time or two…) Don’t be afraid to ask who, what, when, where and why? Their job is to answer those questions.

Now in defense of attorneys, sometimes we do explain things and they are misunderstood or are somewhat complex and a short explanation has to do for the meantime. Persons going through Family Law situations can be highly emotional and sometimes it’s information overload. In that circumstance you may choose NOT to explain everything or ask that a family member or trusted friend attend with the client for an in-person meeting. Sometimes the attorney is speaking pig-latin, a bad habit.

As a client, ask what is going on. Know what is going on. It is the rest of your life. (It may just be another case for the attorney.)

Child Custody, divorce, Pets

Footballs and Labradors: Wild Custody Battles & Compromises

09/07/2012 BowTieLawyer 1 Comment

With High School and College Football in full action it reminded me of some of the lighter, or at least non-traditional, custody battles that I have been involved in.

Season Football Tickets- I was involved in a case where the parties were arguing over who got the season football tickets.

The tickets were secured by one party who had been getting them for years, but were actually paid for by the other party, so both felt they had a legitimate claim, additionally both genuinely wanted the tickets. It was not posturing by the wife to get a better deal or more support. The solution was joint custody.

Each picked certain games that they would attend each year and on the ones that both wanted to attend they agreed to alternate even years and odd years to determine who got to go. Another interesting aside was that there were 2 tickets for each game. Who the guest would be was also an issue. Neither wanted the other to be able to take a bf/gf. The compromise there was that the other ticket would be used by a family member or a minor friend of the children. (Minor meaning under 21, not just small). The custody of the tickets was one of the last issues to get resolved. It really did matter.

Dogs- In a similar vein, I have handled several cases involving pets. Pets, under Mississippi law are considered personal property (like an item or thing), however the parties are free to treat pets as members of the family should they so elect, and many do.

The parties ultimately agreed on a week-on, week-off custody arrangement for the dog to be with each “parent.” The agreement also addressed the expenses associated with the dog, including food, care and vet bills. Don’t forget those items!

Almost anything can be negotiated.

divorce

The Court Can Bar you from Remarrying

08/24/2012 BowTieLawyer Leave a comment

Mississippi has some interesting (read funny) laws. I have previously blogged about Mississippi’s “Undivorce” statute, wherein previously divorced parties can legally undo the divorce. Well, did you know that a MS Judge can also bar you from getting married again?

MCA, Section 93-5-25 includes language that in the event that the Court awarded a divorce against a party for adultery and in the Court’s discretion so decides, that the Court may bar the guilty party from getting married again for one year, requiring the guilty party to petition the Court, thereafter to remove the restriction. I inquired with a local Judge if this had ever been invoked and while he had not, he knew of an instance years ago where it had been used against a serial adulterer. So, not only can Mississippi Court’s divorce you and undivorce you, but in certain circumstances they can prevent you from remarrying.

MCA 93-5-25 holds, in part, “And the judgment may provide, in the discretion of the court, that a party against whom a divorce is granted, because of adultery, shall not be at liberty to marry again; in which case such party shall remain in law as a married person. Provided, however, that after one (1) year, the court may remove the disability and permit the person to marry again, on petition and satisfactory evidence of reformation, or for good cause shown, on the part of the party so barred from remarriage; but the actions of the court under the foregoing proviso shall not be construed as affecting any judgment of divorce granted in any case where the discretion of the chancellor has been exercised in barring one (1) party from remarriage on account of adultery.”

divorce

I am an Undivorce Attorney

08/14/2012 BowTieLawyer 3 Comments

In Mississippi it is possible to get Undivorced. I am not talking about remarrying the same person, but having your legal divorce – legally revoked.

Upon satisfactory proof of reconciliation, the Court which granted the divorce may revoke the judgment of divorce.

§ 93-5-31. Judgment of divorce may be revoked

The judgment of divorce from the bonds of matrimony may be revoked at any time by the court which granted it, under such regulations and restrictions as it may deem proper to impose, upon the joint application of the parties, and upon the production of satisfactory evidence of their reconciliation.