Matthew operates the Thompson Law Firm, pllc. A Ridgeland, 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
Mississippi SENATE BILL NO. 2644 proposed common sense changes to divorce laws. The legislation met a common fate of most proposed changes to bring MS in line with 48 other states. IT DIED.
Description: Divorce; authorize where marriage is irretrievably broken. Disposition: Dead
The proposal would have allowed for a basis for divorce if parties had been actually separated for over 1-year and would have allowed the Chancellor to grant a divorce if he/she was convinced that the marriage was irretrievably broken.
That is all that was proposed. It failed. Again.
Matthew Thompson is a divorce/family law attorney and still supports common sense changes to family law in Mississippi, as he has for 18-years.
Mississippi considers legislation to make common sense changes to Family Law.
Pending before the Senate is an Act to amend MCA SECTION 93-5-1, to delete the requirement of “WILLFUL AND OBSTINATE” from the ground of desertion and to provide an additional ground when the “COURT FINDS THERE HAS BEEN AN IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE AND THAT FURTHER ATTEMPTS AT RECONCILIATION ARE IMPRACTICAL OR FUTILE AND NOT IN THE BEST INTERESTS OF THE PARTIES OR FAMILY…”
This proposal is significant because it would allow for a divorce if the parties have been separated for over a year, regardless of the reason and additionally would allow the Court to divorce a couple if the Court was convinced the marriage was over and beyond repair, regardless if other fault grounds existed. These are just common sense changes.
These changes would bring Mississippi closer in line with 48 other states with regards to divorce. While still not a true no-fault provision, this allows for the possibility of relief in most cases when it was previously not. What do you mean by that, you ask? Financial/divorce blackmail is legal in Mississippi under its current law.
Lawyers give their best advice based on what the client tells them. Based on what the “facts” are can significantly impact not only the outcome, but also the advice given.
Routinely, clients have denied certain conduct and based upon those assertion, advice is given. Then, the other side files a pleading alleging the very conduct. Many times I have called opposing counsel and asked that they provide the proof, as it may well change my advice.
When you lie to your lawyer it impacts your case. It impacts the advice given. It impacts the strategy of the case. It also impacts what your lawyer believes from you thereafter. AND, it can also impact the outcome of your case.
So, did you lie to your attorney about a material, critical part of your case? Did that lie effect the advice given and strategy used? Did that lie come back to bite you in the tail (and could have been minimized had you just told the truth)? So, think long and hard about lying to your attorney – – and don’t do it.
Matthew Thompson is a civil litigation attorney and knows the adage of if your lips are moving you’re lying, but still wants to believe the clients.
A proposed bill died a quiet death in committee yesterday, the same committee that helped in the drafting and promoting it. This bill had previously passed the Senate as well…
This panel suggested multiple changes with child support/age of majority and adding a 13th ground for divorce- irretrievable breakdown. This change would bring Mississippi in line with approximately 48 other states.
Part of the reason for the blue-ribbon panel was to gain insight from the practitioners, judges and persons dealing with the families this would impact. The rumor mill was that this was a done deal, was much-needed and would alleviate what one supreme court justice described as “financial blackmail.”
Yoggi Berra said it first, “It ain’t over ’til it’s over.”
Senate Bill 2643 (Miss 2022) died in Committee on March 1, 2022, when it was referred to Judiciary A, by Speaker, Philip Gun.
“4 02/10 (S) Transmitted To House 5 03/01 (H) Referred To Judiciary A 6 03/01 (H) Died In Committee”
Unfortunately, we may never know all of the behind-the-scenes details on why this was studied, proposed, promoted, passed, referred and allowed to whither on the vine. But, it was a much needed change in Mississippi law and one that would do more to promote family harmony than anything else the Mississippi legislature could do.
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