Posts belonging to Category Legal

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 [...]

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 [...]

DOES A SPOUSE HAVE A CIVIL SUIT FOR DAMAGES FOR DENIAL OF SEXUAL RELATIONS?

Here is a link to an article describing a successful suit by a French wife against her ex-husband for failure to perform sexually during the marriage.  She was awarded the equivalent of $15,000 US. At first blush, this action seems preposterous. However, a look at law in Mississippi provokes some thought as to whether or [...]

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 [...]

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