Posts belonging to Category divorce court

Mediation vs. Litigation – A common sense trend to Resolving Matrimonial Issues

Finding yourself on the doorsteps of divorce is hard enough emotionally but add the multitude of decisions that are going to have to be made and it can feel completely overwhelming. While there are only two main areas for decision-making; kids and money, coming to resolution can take years and use up a lot of [...]

CAN WE REALLY RELY ON “PRECEDENT” IN DIVORCE CASES? IS GAMBLING NOW GROUNDS FOR DIVORCE?

Lawyers are taught that they are to rely upon “precedent” in advising their clients and presenting their cases.  “Precedent” means that the matter has been decided a certain way before by a court of authority and it should be decided that way again.  But the truth of the matter is that precedent seems to do [...]

IMPACT OF GAY MARRIAGES AND ADOPTIONS IN STATES THAT DO NOT PERMIT IT

A wide range of complicated legal issues sit upon the horizon in the clash between States that allow rights for gays and States that don’t.  The wall seems to have fallen blocking gay marriage, and those married in States where it is legal will be moving into States where it is not.  With regard to [...]

MISSISSIPPI IS THE FIRST STATE TO ALLOW A DIVORCE SOLELY ON THE USE OF MARIJUANA

Mississippi Code Section 93-5-1 (Rev. 2004) lists “habitual and excessive use of opium, morphine, or other like drug” as a ground for divorce. A grant of divorce on this ground requires the plaintiff to establish that the spouse’s drug use was (1) habitual and frequent, (2) excessive and uncontrollable, and (3) that involved opium, morphine, [...]

WHEN THE POST DIVORCE SITUATION CHANGES, DON’T WAIT TO CONSULT A LAWYER ABOUT CHANGING THE ORDER OF DIVORCE

I have witnessed countless times when the situation of the parties and the children changes after the divorce and the parties do nothing to change the Oorder.  This often leads to unfair results down the road.  Many times, the parties are getting along quite well and agree on changes, but that does not mean there [...]

IS COURT EFFICIENT? NO! HEARINGS AND TRIALS AND HOW TO HANDLE THEM

There are many different kinds of court dates: there are emergency hearings, temporary hearings, discovery hearings, pre-trial conferences, and trials.  The court system usually does not operate quickly.  In some areas, litigants may wait literally years to get a trial date.  The longer the trial, the longer the wait. Clients generally do not have to [...]

YOU CAN’T PLAY GAMES WITH “CLEAN HANDS DOCTRINE”

The “clean hands doctrine” requires parties to comply with all of their obligations under an order before filing a Motion for Contempt or to Modify against the other party.  This doctrine is a fundamental element of family law practice.  You have to “do right” to be able to ask that the other person “do right.”  [...]

BE CAREFUL TRANSFERRING HOME TO THE OTHER SPOUSE IN DIVORCE AGREEMENTS

Most divorce agreements provide that one party retain ownership of the marital home.  The other party “Quit Claims” their interest.  There are some serious matters to consider.  Transferring the home (or a car or any other item) does not relieve the person surrendering the property from liability to the mortgage holder.  This means that the [...]

INTERNET PROVIDES A SLIPPERY SLOPE OF POSSIBLE STATE AND FEDERAL LAW VIOLATIONS IN DIVORCE AND CUSTODY CASES

All divorce lawyers are seeing a dramatic increase in the role of the Internet in their cases.  People are communicating via email, connecting on social dating sites, using GPS devices and intercepting communications by their spouse on their computer.  People are also impersonating other people on the Internet.  The Mississippi Legislature has just passed a [...]

CONTINUITY OF CARE PLAYS A HUGE ROLE IN A MAN’S RIGHT TO CUSTODY

Many people and clients ask, “What are a man’s chances of getting custody?”  This question comes from the common perception that there is a prejudice against men in custody proceedings.  I usually answer the question in two ways.  First, the question that needs to be asked, is, “What role has the man played in the [...]

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