Posts belonging to Category Legal

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 [...]

80% OF LAW FIRMS SURVEYED BELIEVE NON-HOURLY BILLING FOR LEGAL SERVICES WILL BE ADOPTED AS A STANDARD BY MOST FIRMS GOING FORWARD

Would you go on a cruise without knowing the final cost?  Would you board the boat knowing that your bill would be based upon the number of hours that people worked on the ship or waited on you?  Would you want to be sent a bill at the end of the cruise based upon the [...]

TURNER WINS IN UNITED STATES SUPREME COURT AS COURT OPINES ADDITIONAL SAFEGUARDS NEEDED FOR CIVIL CONTEMPT HEARINGS

The United States Supreme Court (hereinafter referred to as “the Court”) issued an opinion on June 20, 2011 in the case of Turner v. Rogers.  The case originated in South Carolina, and found its way to the highest court in the land.  The only issue that was before the Court was whether a payor (person [...]

THE RIGHT TO BEAR ARMS COMES WITH A RESPONSIBILITY TO BEAR THEM SAFELY

At a recent international meeting, a friend of mine from Australia asked me what the American preoccupation with guns was.  This was just days after Congresswoman Giffords of Arizona was gunned down.  I explained that the right to bear arms lies at the core of every American and that I supposed it came from 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 [...]

MISSISSIPPI PASSES LAW PROHIBITING ONLINE IMPERSONATION

House Bill 552 goes into effect today.  It is entitled “AN ACT TO CREATE THE OFFENSE OF ONLINE IMPERSONATION; TO PROVIDE PENALTIES FOR VIOLATIONS; AND FOR RELATED PURPOSES.” It provides as follows: SECTION 1. (1)  Notwithstanding any other provision of law, any person who knowingly and without consent impersonates another actual person through or on [...]

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