Category Archives: Marriage

Child Custody, Divorce, General Legal, Marriage, Opinion

Sometimes You’re Just Not Ready…

05/29/2023 BowTieLawyer 1 Comment

Family law is tough. It is tough to go through, deal with, and be involved in.

It can also be unfair. But wait, the Judge has to be fair, right? Yes, but the Judge’s definition of fair and yours will be different.

Also, the whole circumstance may be unfair. You can live your best life and still find yourself in the divorce attorney’s office.

The handful of times that I have seen even good results feel bad is when one party is just not ready. They did not want a divorce. They did not want to be in my office. And, they did not do anything (or any one thing) to result in needing a divorce.

These are often the hardest circumstances. The client may be right. This may all be unfair, but it nonetheless is happening.

So what do you do if you realize it’s too soon and you’re not ready? Get an experienced lawyer. Confer with experts; a counselor, a CPA or financial planner, your pastor, your trusted family and friends.

Get prepared and be intentional, even if you don’t want to.

Matthew Thompson is a child custody and divorce lawyer in Mississippi and knows when it’s too soon. However, the law doesn’t always allow for the mental processing necessary for all clients.

Divorce, Irreconcilable differences, Marriage, Opinion

Somebody can always do it cheaper…is that better?

04/23/2020 BowTieLawyer Leave a comment

Cheaper is NOT always better.

Everyone wants a good deal, myself included. However, often in life you get what you pay for!

We’ve all seen the advertisement for the $500 divorce. That could be a really good deal if everything is agreed, it’s just drafting papers and sending for entry.

But, is it a good deal when it doesn’t work? Is it a good deal when it does work, but you weren’t advised of your rights. You did not know about all of the financial and equitable relief you could have gotten.

I’ve seen agreements where the parties agreed to maintain a million dollar whole life insurance policies. They had no idea what that meant or what expense that really involved.

I’ve seen agreements that have not included the correct child support and included terms so onerous a Court would never order it otherwise.

My advice is this, if you spent more than $500 to get married, plan on spending more than $500 to get divorced.

Matthew Thompson is a civil litigation attorney in Mississippi.

Divorce, Irreconcilable differences, Marriage

Marriage is a Fundamental Right, Divorce is NOT.

10/30/2019 BowTieLawyer 2 Comments

The United States Supreme Court has ruled that you have a fundamental right to marry the person of your choosing. See Loving v. Virginia, Zablocki v. Redhail, and Obergefell v. Hodges.

This is especially true in Mississippi, but only with regard to the right to marry.

Mississippi is 1 of only 2 states in the US that does not recognize a married person’s absolute right to a divorce. South Dakota is the other state. This means that in Mississippi your spouse has to agree to the divorce and ALL of the terms of the divorce (irreconcilable differences) OR you have to have Fault Grounds against your spouse that you can prove to the satisfaction of a Judge.

If there is no agreement by the spouses OR you do not have OR cannot prove fault grounds you will just stay unhappily married.

So, what happens if your spouse will not agree and you cannot prove grounds? You stay married or you move away. Those are your options.

Matthew Thompson is a Family Law Attorney in Mississippi and can help you get out of being unhappily ever after.

Divorce, Marriage

Common Law Marriage is Not Common

03/13/2019 BowTieLawyer Leave a comment

Common Law Marriage was the law of the land in Mississippi until 1956.

Prior to 1956 if you lived with someone, holding yourselves out as Mr. and Mrs., for longer than a certain number of years, it made that union a valid, legal marriage.

In 1956 the Mississippi legislature ended Common Law Marriage, or at least NEW Common Law Marriages within the State. Mississippi Code § 93-1-15 was passed that required a License and solemnization for a valid marriage.

(1) No marriage contracted after April 5, 1956 shall be valid unless the contracting parties shall have obtained a marriage license … and …shall have been performed …solemniz[ation]. Failure in any case to comply with both prerequisites …shall render the purported marriage absolutely void and any children born as a result thereof illegitimate.
(2) Nothing contained in this section shall be construed to affect the validity of any marriage, either ceremonial or common law, contracted prior to April 5, 1956.

Now if your Common Law Marriage was valid prior to 1956 in Mississippi and you and the Mrs. are still alive and together, then your marriage is valid. Interestingly, if you have a valid Common Law Marriage from another state Mississippi will also recognize that. 16 states still recognize Common Law Marriage according to Find Law and in the 1980’s Mississippi recognized a Common Law Marriage of a couple from Georgia. They eventually relocated to Mississippi and the wife sought and was granted a divorce. George v. George, 389 So.2d 1389 (Miss. 1980).

Don’t count on a Common Law Marriage for marital purposes, and don’t believe your “spouse” if they tell you you’re married and you have not followed the State licensure requirements.

Matthew is a family law attorney and was married using the post 1956 Mississippi methods.
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You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@BowTielawyer.ms

Child Custody, Child Support, Divorce, General Legal, Marriage, Modifications, Property Division, Visitation

The Updated BOOK is In. 2018-2019; Mississippi Divorce, Alimony and Child Custody with Forms.

01/11/2019 BowTieLawyer 2 Comments

Get ’em while they’re hot…

Mississippi Divorce, Alimony and Child Custody with Forms, 2018-2019, is hitting the shelves and internet near you.

This edition, in addition to bedrock family law principles, includes statutory and case law updates regarding jurisdiction, alimony, equitable division, business valuation, contempt, attorney fees, visitation, custody and de facto marriage concerns. It also includes updated, revised and new forms.

Matthew Thompson is a Family Law practitioner in Mississippi and has been the author of Mississippi Divorce, Alimony and Child Custody with Forms, since taking the reigns from his now retired Law School professor, the venerable Shelton Hand.

Matthew@BowTieLawyer.ms (601)850-8000

Marriage

Friday funny…

Image 10/12/2018 BowTieLawyer Leave a comment

As seen in Greenwood @ Steve’s.

http://www.BowTieLawyer.ms

Child Custody, Divorce, General Legal, Marriage, Opinion

Going to Church Doesn’t Make You A Better Person (automatically)

09/26/2018 BowTieLawyer 1 Comment

“Holier than thou.”

“So heavenly focused, you’re no earthly good.”

I have seen these concepts personified. It is distressing. I have seen and heard of one’s belief in their own moral superiority to justify their wrong behavior; interfering with the parent child relationship, persuading others to not help the “sinner,” and literally causing a scene at church.

STOP. YOU’RE doing it wrong. YOU are hurting others. YOU are part of the problem.

Matthew Thompson is a family law attorney and has grown weary of the hypocrisy. He also encourages you to not only go to Church, but also to act like it.