Posts belonging to Category Legal

WARNING: HOMESTEAD EXEMPTION CAN BE LOST IN DIVORCE TRANSFER OF MARITAL HOME

Almost every divorce involves either the transfer of ownership or use of the marital home.  What most people don’t know is that the transfer of either title or use of the marital home triggers a loss of homestead exemption and they need to reapply.  See:Miss. Code Ann Section 27-33-31. [link].  Divorcing persons and divorce attorneys [...]

MISSISSIPPI’S GRANDPARENT VISITATION STATUTE IS NOT UNCONSTITUTIONAL

Mississippi law in Section 93-16-3(1), provides for grandparent visitation: (1) Whenever a court of this state enters a decree or order awarding custody of a minor child to one (1) of the parents of the child or terminating the parental rights of one (1) of the parents of a minor child, or whenever one (1) [...]

DON’T WRITE ON ORIGINAL DOCUMENTS

There are many times when clients will bring documents, records, phone bills, tax returns, or financial statements in to the office with their comments or observations written directly on the document.  This is fine if the comments are on a copy, but it can be very problematic if the comments are on an original.  If [...]

WHAT HAPPENS WITH HOUSEHOLD EFFECTS DURING SEPARATION BEFORE COURT INVOLVEMENT? WHAT SHOULD YOU DO?

Your spouse has left the home.  You don’t know if they have a lawyer or whether divorce is imminent, but you are afraid or concerned because they have free access to the home.  What is the law, and what do you do? Until a court order is entered, both spouses have access to the home. [...]

CAN BOTH PARTIES GET A DIVORCE ON FAULT GROUNDS? WHAT IF BOTH HAVE GROUNDS?

The question often arises, “Who will get the divorce if both parties are guilty of adultery?” Or, “I might have been guilty of adultery, but she was guilty of cruelty, so that’s why I committed adultery; who will get the divorce?”  The answer is that a court cannot grant a divorce to both parties.  The [...]

RECENT ALLEGED ABUSE CASES HEIGHTEN RESPONSIBILITY TO REPORT ABUSE

Child abusers are masters of deception. They often disguise their abuse with careers of service, such as children’s ministry, or church, or school.  They also conceal their character by attaching themselves to people whose reputations are beyond repute.  People seem to assume that people with great character will only have those with great character around [...]

PROTECT YOURSELF FROM HAVING LANGUAGE INTERPRETED AGAINST YOU WHEN YOU ARE THE DRAFTER

All attorneys know there are “rules of construction” in the interpretation of contracts and agreements.  These rules call for the Court to first see if the language is clear without further testimony.  If the language is not clear, the Court might hear testimony as to the intent of the parties.  If the intent is still [...]

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 [...]

MISSISSIPPI’S CONSTITUTIONAL INITIATIVE 26 WILL RUN HEAD ON INTO MODERN ASSISTED REPRODUCTIVE TECHNOLOGY

Tomorrow, Mississippi Voters go to the polls to vote on a Constitutional Amendment declaring “personhood” to start at conception.  The Initiative is quoted below as it will appear on the ballot: “Initiative #26 would amend the Mississippi Constitution to define the word “person” or “persons”, as those terms are used in Article III of the [...]

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 [...]

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