Go to Your Child’s Events.

They can be long, boring and seemingly insignificant. Go anyway. You have to sit by people you don’t know and talk to people with coffee breath. Go anyway.

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They are precious milestones that will be over too soon. Graduation, Field Day, Grandparent’s Day, AR Recognition, Chapel, plays, musicals, ball games and spelling bees. Go.

Matthew Thompson is a Family Law attorney that tries to make these events a priority and reminds you to never refuse a breath mint.

www.BowTieLawyer.ms      (601)850-8000

 

Legal Forgiveness = Forgiveness? in a Divorce Action

One of the most claimed grounds for divorce is Adultery. Actually, the statue refers to it as “Uncondoned Adultery.” What, you ask, is Uncondoned Adultery? That is adultery that has not been “forgiven.”

Condonation is “legal forgiveness.”  This happens when the aggrieved spouse knows of the fault and decides to reconcile with the other party. You resumed living together as husband and wife, had sex and otherwise tried to make it work.

Once this occurs you no longer have grounds for divorce based on Adultery. Even if it didn’t work!

There are a few strings attached, however. The guilty spouse must, in “good faith” attempt the reconciliation. Additionally, the aggrieved spouse can only forgive what they know about. If there were multiple affairs and all were not disclosed there may still exist fault grounds, whether they are aware of it or not. Also, if the adultery is repeated it revives the grounds for divorce.

Condonation is a difficult issues to wrestle with in divorce.  The Court must consider the knowledge of the aggrieved spouse, the intent of the guilty spouse, the effort(s) to reconcile – whether they are in good faith. All these are fact specific and subjective determinations to be made by the Court.

Matthew Thompson is a divorce attorney in Mississippi and cautions you that some lawyers will advise the guilty party to do or say whatever is necessary to get the other party back in bed, for “reconciliation,” so that the defense of Condonation may be used.  

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R. Kelly; Singing the Blues?

Robert Sylvester Kelly, better known as R. Kelly, has been sued in Hinds County, Jackson, Mississippi.

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Kelly, a singer, songwriter, record producer, and former professional basketball player, is the named Defendant, along with his professional entities, in a pending Alienation of Affection lawsuit. The suit was filed by a Hinds County Sheriff’s Deputy, Kenny Bryant.

Bryant alleges that R. Kelly interfered with Bryant’s marriage relationship ultimately alienating his wife’s affection from Bryant.

Alienation of Affection is a Mississippi common law tort. That means it is a civil wrong, based on case-law and not a statute.

Alienation of Affection claims allow the wronged spouse to sue the “significant other” of the guilty spouse for the breakdown of the marriage.  There are only 6 states in the country that still recognize Alienation, but Mississippi is one of them and in the 1990’s our  appellate Courts reaffirmed Alienation as alive and well in the Mississippi legal system.

Alienation of Affection requires;

1) Wrongful Conduct, ie: adultery;

2) Loss of Affections, meaning there was a good relationship prior to the wrongful conduct; and

3) Causal Connection linking the Wrongful Conduct to the actual Loss of Affection.  All 3 must be present for a viable claim.  There is a 3 year statute of limitations in which to bring the claim, beginning when the loss of affection is finally accomplished.

Even if the above can be shown it does not mean that the Plaintiff wins. A jury would then decide a money value on the “damages.”  That is a hard figure to quantify.

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Divorce, Child Custody & Child Support, Alimony, Contempt, Modification, Youth Court, Adoption and Appeals.

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