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Tag Archives: divorce
Don’t Make It Worse…
STOP!
In family law it is often desired by a party to do something to get back at the other. Even if the love of your life did something first that was mean, you don’t take retribution and do something meaner. This is a very bad idea. Two wrongs don’t make a right and it may well get you into trouble.
Unless you want to end up in the War of Roses, stop doing things to make things worse.
Matthew Thompson is a Divorce Attorney in Mississippi and recommends to abstain from doing things to make things worse.
Follow the blog:#BowTieLawyer You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms
Prenuptial Agreements:The Good, Bad & Ugly
I do not think this is what Benjamin Franklin had in mind…
pre·nup·tial a·gree·ment- an agreement made by a couple before they marry concerning the ownership of their respective assets should the marriage dissolve.
- Also known as a Premarital agreement or “prenup” is a fairly common legal step taken before marriage. A prenup establishes the property and financial rights of each spouse in the event of a divorce. Prenups are often used to protect the assets of wealthy spouses but also can protect family businesses and serve other important functions. FindLaw
- Prenups can be GOOD, especially in a second marriage. They can protect the rights of the children from the first marriage and serve a useful and legitimate purpose. Prenups can also define, with great specificity what happens in the event of a divorce or death of a party of the marriage. Knowing your rights can be a very good thing.
- Prenups can be BAD. If you agree to a bad deal and the process used otherwise complies with the requirements of a valid prenup; sufficient time between presentation, execution and the marriage; reasonable opportunity to have independent counsel of your choosing; and full financial disclosures, even a bad deal would be enforceable.
- Prenups can be UGLY. It is a hard “sale” when asking your one true soulmate to consider what happens if your union is dissolved. Also, if the prenup is so one-sided that it is deemed unconscionable (totally unfair on its face) it can be invalidated.
Matthew Thompson is a Family Law attorney in Mississippi and reminds you of the words of Kanye West in Gold Digger, “if you ain’t no punk holla we want prenup.”
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
What is an Affair?
Mississippi law defines an affair as uncondoned sexual intercourse with a person of the opposite sex, not your spouse.
This definition is evolving, however. With recent changes in the law regarding who can get married the requirement that it be a person of the opposite sex is no longer a valid limitation. Additionally, it must be uncondoned which means without either permission before or forgiveness after.
Because affairs are so secretive in nature the Court can use circumstantial proof to find you guilty of Adultery. Upon a showing of inclination and opportunity the Court can conclude you cheated even over your absolute denial and total absence of DNA evidence! Frankly, DNA evidence and divorce Courts have not caught up with CSI, yet.
Inclination (or infatuation) is the many, many number of calls, texts, emails and love letters, communicating all hours of the night and day. The contact between the spouse and the paramour.
Opportunity is just them being alone together long enough to… This could be the house, car, park, hotel, motel or back alley.
Does other stuff count, as opposed to just sexual intercourse? It could. It also stands to reason that the Court could infer that if you are doing other stuff it includes intercourse.
Matthew Thompson is a Mississippi Divorce Attorney and reminds you to not have an affair.
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
Burn the Couch!
Sometimes cleaning up the scene of the crime helps the healing process.
I previously wrote about knowing too much of the dirty details may make forgiveness impossible. Knowing the who, what, where, and when and other dirt can mess with your mind and trigger PTSD-like symptoms.
However, sometimes you cannot forget and you may have a daily reminder in the living room. You are left with 3 options:
- You can choose to forgive.
- You can choose NOT to forgive.
- You can BURN the Couch.
Forgiveness takes time, choosing not to forgive takes a commitment, burning the couch takes a lighter.*
Matthew Thompson is a Mississippi Divorce Attorney and reminds you that if you are going to burn the couch, do so outside, in a safe manner and in full compliance of all applicable laws.*
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
The TRUTH about LIE Detectors.
“I’ll take a lie detector test!” Famous last words.
Lie Detector Tests and their application in Mississippi Law is limited. The tests themselves are deemed generally unreliable by a legal standard and are not admissible in Court, absent mutual agreement or stipulation otherwise. However, law enforcement relies on them when administered properly. Personally, I have seen testing and the results impact several cases.
First off, What is a Polygraph Test? A test which measures and records physiological indicators such as; blood pressure, pulse, respiration, and skin conductivity, while the subject is asked and answers a series of questions. Wikipedia.
During the actual test only the test taker and examiner are present. The questions asked are typically only a few and they are asked a number of times, the exact same way. There are no surprise questions, no questions that are not rehearsed, and no Lamp Shades.
The test is measuring your involuntary responses and during the pre-test phase you are instructed to lie about an answer for comparison to involuntary responses during the testing.
Despite their limited Courtroom application, law enforcement agencies routinely administer Polygraph tests to suspects of crimes and the FBI uses polygraph testing regularly for not only suspects and witnesses, but also testing their own personnel, staff and agents.
I have used Polygraph testing in several cases where issues involved abuse allegations. In one instance a properly administered and passed Polygraph test helped result in a matter being dismissed by the Court and helped end a criminal investigation and rightly so.
As for the tricks on Ocean’s Eleven on to how to beat the test…well, the FBI tests for counter measures.
Matthew Thompson is a Family Law litigation attorney in Mississippi and encourages you not to lie!
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.
When Winning at all Costs is No Win!
Did you Win?
I am regularly asked how many cases have I won? Potential clients, non-lawyers, friends and relatives use this terminology. But, winning a case isn’t really about winning. It’s about mitigating damages and liability. It’s about preserving finances and relationships, if possible. A win is really knowing the best and worst case scenario and achieving what you aimed for or better.
When is a win not a win? When you leave a wake of havoc, of hate and a trail of tears.
Unfortunately, some lawyers take this tactic in Family Law. They believe scorched earth is the best and only approach. What they do not tell their clients, though, is that it is really only what is best for themselves, the lawyer. It is best for the lawyer financially, or perhaps they even have a personal animus against the other party or the the other lawyer.
Lawyers, in my experience, do not like to give the tough advice. That the fight is not worth it emotionally or financially. That if you win the other side ends up hating you and will spend the rest of their days waiting for you to mess up so they can pounce upon you.
The win at all costs approach results in frivolous filings, extreme delay, and angry judges. The overwhelming “win” results in an appeal, bar complaints and ultimately you may well lose in the end.
A Win is really not being unpleasantly surprised in the end result. A win equates with maintaining your relationships with your children and immediate family and having the means to provide a satisfactory life.
Matthew Thompson is a Divorce attorney and advises his clients when a win is a win and when it is not.
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
Family Law Practice Areas…defined.
Family Law areas defined for you. There is a lot of legal terminology used everyday that we attorneys take for granted that everyone knows what they mean, but that is not always the case. Here are a few of the major areas of family law, the simple explanations and links to more information.
- Divorce– the legal and final end to a marriage, a.k.a. “a conscious uncoupling”
Fault Process and “No-Fault” process.
- Child Custody– determination of the custodian(s), visitation schedule and important decision making for a minor child.
- Child Support– who pays, how much and for what.
- Modification– legal and enforceable changes to your previously final papers.
- Appeals-legal process of challenging a final order.
Additional practice areas will be featured and defined throughout the year.
Matthew Thompson is a family law attorney and handles a variety of family law legal matters.
Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms
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