What is My Stuff Worth? (Divorce-Garage-Sale)

Valuing your stuff in a divorce can be a pain. Everything you have is not worth much compared to what that jerk took. Well, except for the house, the car, the jewelry, etc…

  
All assets owned by parties in a divorce action are to be valued. Even disregarding the marital versus non-marital arguments, a value for every asset is necessary for the Court to consider equitable distribution, how to divide your stuff.

Mississippi case law provides that a Court shall address certain factors when determining the equitable division of the assets owned by the parties involved in a divorce action. A lineage of cases including; Cheatham, 537 So.2d at 438., Haney III, 907 So.2d at 954. , and Ferguson v. Ferguson, 639 So.2d 921 (Miss. 1994) give factors for the Court to evaluate when determining the division of assets. The Ferguson factors should be applied in all appropriate situations, including;

#3. The market value and the emotional value of the assets subject to distribution.
#4. The value of assets not ordinarily, absent equitable factors to the contrary, subject to such distribution, such as [non-marital assets].

The Court has held that an owner can express an opinion about the value of something they own. So you can say what you think it’s worth, however an appraisal would remove most of the uncertainty.

Everything needs to be valued and be careful of overvaluing his items and undervaluing yours. It’s been done before.

Matthew Thompson is a Family Law Attorney in Mississippi and reminds you that sometimes one man’s junk is another man’s junk, too. 

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

Why Court Takes So Long!

“We’ll just let the Judge decide!”  famous last words…

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Court can take a while for a myriad of reasons.

From filing and just getting a Court date, which could be 3 months to 13 months in the future, to finding and serving the Defendant with proper process, can take longer than expected.

A mistake in not attaching the correct summons, having the incorrect date or time or not properly signing the papers can all lead to delay.

The Judge’s schedule can cause delay. The trial from yesterday may bump you. An Emergency in another matter will bump you. A Commitment, Domestic Violence matter or even one that will be “real quick” can bump you.

Slow witnesses, attorneys that ask a lot of questions, even pointless questions cause delay. Unavailable experts, extra long lunch breaks and multiple recesses add to the length. 

Injuries, illnesses and hospital visits delay trials. Also, if you don’t finish in the time allotted, don’t assume you will bump tomorrow’s trial, because you might not!

Not to mention CONTINUANCES.

Even when the trial is over your case may not be. The Court has up to 6 months to Rule on your matter.

Court can take longer than it should and once you find yourself in contested litigation you may well not have a choice but to go along for the ride.

Matthew Thompson is a Family Law Attorney in Mississippi and knows that the Wheels of Justice Can Turn Slow. 

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

Mississippi Bar Convention; Lawyers, Judges & Court Personnel, Oh My

The Mississippi Bar Convention is the annual meeting  of the  State Bar (of which all practicing lawyers in Mississippi are members) and an opportunity for Lawyers to earn Continuing Legal Education hours.

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Great Presentation by Randy Kessler of Atlanta to the MS Bar Family Law Section. You know him from Real Housewives of Atlanta and Nancy Grace! Great guy too!

The Bar’s mission is to protect the public by promoting competency, professionalism and ethics in the practice of law and the judicial system.  Membership in the Mississippi Bar is compulsory for all practicing lawyers in Mississippi.

The Bar Convention is a time where lawyers, judges and Court personnel meet, greet, learn and socialize in a relaxed atmosphere. The various practice areas have presentations, seminars and speakers to talk about the recent trends and hot issues.  The Bar and various Sections and Committees install their new officers, as the gable is passed.

Legal Pioneers, professionals and those with distinguished achievements are honored and recognized.

Cham Trotter receiving the Ole Miss Law Alumni of the Year at the Mississippi Bar Convention.

It’s fun for the family too!

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Matthew Thompson is proud to be a Family Law Attorney in Mississippi and a member of the Mississippi Bar.

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

Matthew@BowTieLawyer.ms (601) 850-8000

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