Forgettable Halloween!

Halloween is not a “real” holiday.  Schools is not out, banks are not closed, the Post Office still does their thing.

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Halloween is also overlooked in Child Custody Visitation Agreements.  It is not in the Court’s “standard” visitation schedule.  Also, Halloween is a moving target.  It’s not always a weekend.  Due to this it can result in one parent “having” the holiday more than the other and the other parent’s “rights” dependent solely on the whim of the calendar.  Sometimes this is not a problem when mom and dad get along, but sometimes this is used against the other parent.  Put Halloween in your papers if you have young children.  It’s a fun day and a special time!

Matthew Thompson is a Child Custody/Visitation lawyer in Mississippi and warns that if you don;t want to be scared on whether or not you have rights to Halloween visitation, it is best to put it in your papers.

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.

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Easy to Get Married; Hard to Get Divorced.

“Easy Come, Easy Go” does NOT apply to Family Law.

It’s easy to get Married. Quick, too.  Just show:

  1. Both parties must apply together
  2. Both parties must present a valid I.D. (Driver’s License, Birth Certificate, Military I.D., DD214, Baptismal Certificate, Life Insurance Record, School Record, or any other official document evidencing age. The Clerk shall retain a copy on file.
  3. $23.00 CASH fee (or similar fee depending on County)
  4. If either party has been divorced within the last six (6) months, a copy of the divorce decree is required

Additional Information

  1. If either applicant is under TWENTY-ONE (21) years of age, parental consent is required
  2. The female applicant must be at least fifteen (15) years of age to apply
  3. The male applicant must be at least seventeen (17) years of age to apply
  4. The license may be used only in the State of Mississippi

Harrison County Circuit Clerk.

It can be very difficult to get a 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)
  • Possibly attend Parenting Class

This ONLY works if you and your spouse can AGREE To EVERYTHING.  If you cannot then you must pursue a Fault based divorce.

Fault requires:

  • File a fault-based Complaint for Divorce (determine if you need Temporary Relief)
  • Have a Summons issued (Rule 4, 81 or both)
  • Have your spouse served with the documents
  • Prepare and attend a Temp. Hearing
  • Propound Discovery
  • Issue subpoenas
  • Respond to Discovery
  • Take Depositions
  • Have a Contempt hearing
  • Prepare and exchange financial Statements
  • Possibly attend Parenting Class
  • Set Trial
  • Prepare for trial (6-12 months from now)
  • Trial gets continued for some reason
  • Attend Trial
  • Await Ruling
  • Be aggrieved
  • Both parties file Appeals
  • 1 1/2 years later get ruling on appeal
  • Matter is Remanded
  • Repeat the above

“… it is the greatest of all mistakes to begin life with the expectation that it is going to be easy, or with the wish to have it so.”
Lucy Larcom

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.

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Filed under Divorce, General Legal, Marriage

Hallmark’s New Lineup!

When a card just won’t do, call your attorney!

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.

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How to Fix a Marriage?

I am a divorce attorney.

By nonicknamephoto/ freedigitalphotos.net

I may can help save your marriage.  I know it sounds inconsistent, but my job is to know the law regarding divorce in my state, advise you with regards to your best interests, protect your interests as I am able and to comply with your requests as much as possible within the realms of legal, moral and ethical authority.

Fixing a Marriage does not come in a manual.  There are no quick fixes, nor a consistent 3-step process, but there are some things in common that relationships that can be salvaged exhibit.

1) Both parties Desire or are open to Reconciliation.  If one party ain’t having it, it ain’t happening.

2) Both parties Try.  One party giving all the effort and the other being the limp-fish won’t get you back together.

3) Both parties accept the Risk.  Falling in love, falling on your face, falling out of love.  Risk is inherent in all relationships.

4) It takes time.  This is not a fast process.  The “end” was usually a long time coming, a build up of disappointment, or lies, misconduct or growing apart.  It took time to fail. It takes time to heal.

Saving a marriage is possible, but hard.  It takes the “want to,” the “effort,” the “risk” and “time.”  You still may fail, but you then know you did everything you could.

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One Question You Need to Ask Your Attorney!

Attorneys are asked many a number of hypothetical or convoluted questions.

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We are asked basic questions regarding the law, Complex questions regarding strategy and even common sense questions regarding life choices. Of course, attorneys are asked about fees.

But what question is not asked that should be?

“Are you doing things that hurt my case?”

Attorneys are not supposed to, but unnecessarily filing Contempt, having the other party served, igniting or not responding to the other when they should can make things worse. Attorneys are in a position where they can help or they can do damage beyond repair.

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