All posts by BowTieLawyer

Matthew operates the Thompson Law Firm, pllc, a Mississippi based Family Law firm emphasizing; Divorce, Child Custody, Child Support, Modification, Contempt and Appeals, handling family law cases throughout Mississippi. (601) 850-8000 Matthew@bowtielawyer.ms www.BowTieLawyer.ms
alienation, Divorce

Alienation of Affection; Adultery that gets you Sued!

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We learned last week that Adultery may be a crime in Mississippi. To recap; adultery can get you divorced and adultery can get you arrested, but did you also know that adultery can get you sued for money?! It’s the triple whammy.  And don’t think you are immune because you are the paramour (the b/f or g/f).

Alienation of Affection (AOA) is known as a common law tort.  A tort is a civil wrong, as opposed to a criminal wrong.  It is a legal remedy available, not by statute, but due to case law history and an equitable claim whose intent is to protect marriages.  AOA allows 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 AOA, but Mississippi is one of them and as recently as the 1990’s our Courts have refused to abolish this tort when it had the chance, reaffirming its place in the Mississippi legal system.

So what is AOA?

The elements are 1) Wrongful Conduct (ie: adultery, though not required), 2) loss of affections, and 3) a causal connection.  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.

*As an aside, North Carolina has AOA and a separate tort called “criminal conversation” which only requires proof of sex with a married person for the “significant other” to be liable for damages.  It does not require loss of affections or a causal connection or even a real relationship.

So what is the take away here?  Just because you are not married does not mean you have no culpability in an affair.  You will  be a necessary witness in the divorce case and stand a chance of getting sued yourself for AOA.  And if you go to North Carolina, you better behave.

alienation, Crime, Divorce

Arrested & Divorced; Just Say No!

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Everyone knows that Adultery is a fault ground for divorce in Mississippi. Adultery is defined as sexual intercourse with a  person of the opposite sex, not your spouse. It also must be uncondoned, which means legally forgiven by the other spouse, and it cannot have been committed in collusion with the other spouse just to gain a divorce. MCA § 93-5-1.

However, Adultery may also be considered crime!

§ 97-29-1. Adultery and fornication; unlawful cohabitation 

If any man and woman shall unlawfully cohabit, whether in adultery or fornication, they shall be fined in any sum not more than five hundred dollars each, and imprisoned in the county jail not more than six months; and it shall not be necessary, to constitute the offense, that the parties shall dwell together publicly as husband and wife, but it may be proved by circumstances which show habitual sexual intercourse.

So in addition to having a divorce granted against the offending party they could also be arrested and prosecuted and face a $500.00 fine and/or up to 6 months in the county jail. And that may not even be the worst of it with the potential for an Alienation of Affection lawsuit out there. (It’s  actionable to sue someone for the breakdown of your marriage, a blog for another day).

In the words of Nancy Reagan, “Just Say No!”

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Bow Tie, Opinion

Why the Bow Tie?

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Okay, here is the blog that ALL of you have been waiting for.  Why the Bow Tie?  Why do I wear it? Where did it come from?  Do you tie it yourself?

First of all, yes.  My bow ties are real and I tie them myself.  Tying one is very similar to a shoelace, it’s not hard, just takes some practice.

Where do I get them?  Most any place that has ties.  I get most from Belk or similar type department stores.  I have a few really “nice” ones from fine men’s haberdasheries, but their quality is not far superior to any others. I have a few from on-line places and several were gifts. Always a good gift. Hint, hint.

Several years ago I was having lunch with Mark Chinn (legal mentor, former boss, and still great friend ) and we were discussing branding. Mark always wears nice suits and patterned sports coats.

What about a bow tie?  We had a firm event coming up, our annual divorce firm Valentine’s party (aren’t we clever), and I thought that would be a fine time to unveil the bow tie.  I went to Mozingo Clothiers, just up the street from my office and with Charlie’s help picked out a fine pinkish, purplish bow tie, that looked quite festive. Charlie showed me how he ties them, tied it for me and I left with the tie pre-tied.  It had buttons on the back, as most do.

As I mulled over wearing the bow tie, I thought, “everyone is going to ask if I tied it…I have to say yes, truthfully.”  I untied it, having never tied a bow tie before and on my second attempt did a pretty fine job.

That night I had lots of compliments and of course, “Did you tie it yourself?”  I crowed “absolutely”.  I have worn a bow tie ever since.

I have had many compliments in Court, at Court, and from Court on the bow tie.

My best story from Court was when I appeared for the first time in front of an out of county Judge, meaning a Judge I do not appear before regularly .  She commented on my tie approvingly.  Court went fine.  I was back in her Courtroom some weeks later and had my back turned as the Judge approached me and asked me to turn around so she could see what color bow tie I was wearing that day. I knew I was on to something…

Child Custody, Divorce, Pets

Footballs and Labradors: Wild Custody Battles & Compromises

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With High School and College Football in full action it reminded me of some of the lighter, or at least non-traditional, custody battles that I have been involved in.

 

 

Season Football Tickets-  I was involved in a case where the parties were arguing over who got the season football tickets.

The tickets were secured by one party who had been getting them for years, but were actually paid for by the other party, so both felt they had a legitimate claim, additionally both genuinely wanted the tickets. It was not posturing by the wife to get a better deal or more support.  The solution was joint custody.

Each picked certain games that they would attend each year and on the ones that both wanted to attend they agreed to alternate even years and odd years to determine who got to go.  Another interesting aside was that there were 2 tickets for each game.  Who the guest would be was also an issue. Neither wanted the other to be able to take a bf/gf. The compromise there was that the other ticket would be used by a family member or a minor friend of the children. (Minor meaning under 21, not just small).  The custody of the tickets was one of the last issues to get resolved. It really did matter.

Dogs- In a similar vein, I have handled several cases involving pets.  Pets, under Mississippi law are considered personal property (like an item or thing), however the parties are free to treat pets as members of the family should they so elect, and many do.

The parties ultimately agreed on a week-on, week-off custody arrangement for the dog to be with each “parent.”  The agreement also addressed the expenses associated with the dog, including food, care and vet bills. Don’t forget those items!

Almost anything can be negotiated.

Divorce

Top 12 Fault Grounds for Divorce in Mississippi

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MCA § 93-5-1 lists and defines the “grounds” for a fault based Divorce in Mississippi.

A divorce may be awarded based upon;

1). Natural impotency.

2). Adultery.

Unless it was committed by collusion of the parties for the purpose of procuring a divorce, or unless the parties cohabited after a knowledge by complainant of the adultery, which is Condonation (or legal forgiveness).

 3). Incarceration.  Being sentenced to any penitentiary, and not pardoned before being sent there.

4).  Abandonment.  Willful, continued and obstinate desertion for the space of one (1) year.

 5). Habitual drunkenness.


  6). Habitual Drug Use.  Habitual and excessive use of opium, morphine or other like drug.

7). Cruelty.  Habitual cruel and inhuman treatment.

 8). Idiocy.  Having mental illness or an intellectual disability at the time of marriage, if the party complaining did not know of that infirmity.

 9). Bigamy.  Marriage to some other person at the time of the pretended marriage between the parties.

10). Pregnancy of the wife by another person at the time of the marriage, if the husband did not know of the pregnancy.

 11). Incest.  Either party may have a divorce if they are related to each other within the degrees of kindred between whom marriage is prohibited by law.

12).  Insanity.   Incurable mental illness. However, no divorce shall be granted upon this ground unless the party with mental illness has been under regular treatment for mental illness and causes thereof, confined in an institution for persons with mental illness for a period of at least three (3) years immediately preceding the commencement of the action…(see statute for additional language).

These are the grounds for Divorce in Mississippi.  These must be proven through testimony, evidence and corroborated in order to be awarded a Divorce by Chancery Courts in Mississippi.

Matthew Thompson is a family law attorney and knows a thing or two about fault grounds for divorce in Mississippi.

Follow the blog: BowTieLawyer 

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Child Custody, Divorce

Labor Day and Visitation

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With Labor Day approaching it is a good time to reflect on the contributions and achievements of American workers.  Those efforts are the reason we celebrate  Labor Day, and have since it became a Federal holiday in 1894.

Labor_day : Labor Day Design with the handoff worker holding the wrench Stock Photo

Labor Day is also a good reminder for paying attention to visitation issues.  It is extremely common in the divorce agreements that I prepare that the non-custodial parent receive additional time, more than the every other weekends that seem “standard.”  I often include that the weekend extends through the Monday holiday.  This gives that parent additional time with the child of uninterrupted visitation.

In fact, I have a schedule of all Federal and State Holidays and routinely have this specifically addressed in custody/visitation agreements.  There is almost one Monday holiday in every month.  These times add up and provide both parents additional welcomed time with the child and perhaps, even, a much needed break.  Pay attention to the details when ironing out the specifics in a custody/visitation agreement and make sure you address the other holidays and not just the “big” ones.

Child Custody

Hurricanes and Legal Custody

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Legal custody is the decision making right regarding your child.

An article about legal custody and hurricanes posted during a hurricane, how clever. But cleverness aside it does raise a significant issue in legal custody…

palms-in-the-storm-100156365

Legal custody, most commonly joint, requires that each parent keep the other parent informed of the child’s goings on. This includes, but is not limited to their health, education and general welfare.It requires that parents communicate and cooperate, within reason, when it comes to making decision about the well-being of the child. (Even if a parent has sole legal custody the other parent still has the right to be informed about the goings on of the child and has the right to access school and medical records pursuant to Mississippi law, 93-5-26)

SEC. 93-5-26. Noncustodial parent’s right of access to records and information pertaining to minor children.

Notwithstanding any other provisions of law, except those provisions protecting the confidentiality of adoption records and except for cases in which parental rights have been legally terminated, access to records and information pertaining to a minor child, including but not limited to medical, dental and school records, shall not be denied to a parent because the parent is not the child’s custodial parent if such parent’s parental rights have not been terminated by adoption or by a termination of parental rights proceeding.

Legal custody includes sharing the status of the child’s well-being and location in emergency situations. Madison County Chancery Court requires specific language that states;

“IT IS FURTHER ORDERED that in the event of a threat, disaster, or other emergency, such as  a hurricane, which causes an emergency evacuation, any party who has custody of a mInor child (either physical custody or visitation) shall notify the other parent of the location and well-being of the minor as soon as reasonably possible.“

While this should be common sense, divorced parties and warring parents are not always known for exercising common sense.  So please let the other parent know that the children are safe, where they are and how to contact them. 

Stay safe and stay dry.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms

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Divorce

The Court Can Bar you from Remarrying

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Mississippi has some interesting (read funny) laws.  I have previously blogged about Mississippi’s “Undivorce” statute, wherein previously divorced parties can legally undo the divorce.  Well, did you know that a MS Judge can also bar you from getting married again?

MCA, Section 93-5-25 includes language that in the event that the Court awarded a divorce against a party for adultery and in the Court’s discretion so decides, that the Court may bar the guilty party from getting married again for one year, requiring the guilty party to petition the Court, thereafter to remove the restriction.  I inquired with a local Judge if this had ever been invoked and while he had not, he knew of an instance years ago where it had been used against a serial adulterer.  So, not only can Mississippi Court’s divorce you and undivorce you, but in certain circumstances they can prevent you from remarrying.

MCA 93-5-25 holds, in part, “And the judgment may provide, in the discretion of the court, that a party against whom a divorce is granted, because of adultery, shall not be at liberty to marry again; in which case such party shall remain in law as a married person. Provided, however, that after one (1) year, the court may remove the disability and permit the person to marry again, on petition and satisfactory evidence of reformation, or for good cause shown, on the part of the party so barred from remarriage; but the actions of the court under the foregoing proviso shall not be construed as affecting any judgment of divorce granted in any case where the discretion of the chancellor has been exercised in barring one (1) party from remarriage on account of adultery.”