Thompson Law Firm, pllc, is a Mississippi-based Family Law Firm, focusing on Divorce, Child Custody, Child Support, Alimony, Modification, Contempt and Appeal
practice areas, throughout the State of Mississippi.
Phone: (601) 850-8000 Fax: (601) 499-5219
Matthew@bowtielawyer.ms
If you or I answered questions in Court like any politician we might be held in contempt.
In Court, witnesses must answer the question asked. Usually the answer will be “yes” or “no,” and then an explanation may be offered if necessary. This can be very difficult to do and it takes practice to get this right.
Not answering the question with a “yes” or “no,” and not answering what was asked may result in the Court concluding you are being deceptive. This is not an impression you want to create.
As a witness, however, you only want to answer the question asked. Do not answer what is not asked and do not offer more than what is asked. The best example I can think of is when a party was asked if they had committed an affair with “Mary” since the separation.
The answer, “I have not committed an affair with ‘Mary’…since the separation.” There was an awkward pause. The awkward pause resulted in the follow-up question of when did you commit your affair with Mary. The party told on himself by not just saying “No” which would have been a completely truthful answer to the question asked.
Matthew Thompson is a Family Law attorney and warns witnesses to answer “yes” or “no,” explain if necessary, and sometimes less is more.
Follow the blog:#BowTieLawyer Visit the website: #Thompson Law. You may contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms
Having the right sized underwear is important for many, many reasons.
You would not believe the problems the wrong size of underwear causes in family law. I have had underwear delivered to my office, in a Zip-loc. It was placed in the freezer to preserve “evidence.” Why was it brought in? It was not her size. I have seen numerous photos of underwear, both in use and not in use, at the time the picture was exposed. One thing is for sure, the wrong size underwear is never a good thing.
A child in the wrong size may be an indication that you are dealing with a non-primary parent. Plus, it’s uncomfortable for the child.
An adult in the wrong size underwear is uncomfortable for a lot of other reasons. Having the wrong size in your possession is hard to explain away. Having a new style may also be a red flag. Who knew underwear could be so exposing?
Matthew Thompson is a Divorce and Domestic Relations Attorney in Mississippi and whether your brand is BVD, Hanes, Fruit of the Loom or something a little more exotic, make sure it’s the right size.
Follow the blog:#BowTieLawyer You may contact Matthew with your family law matter or question at (601) 850-8000
Kim Davis has been all over the news with her refusal to issue marriage licenses and new allegations of altering marriage licenses to prevent persons from marrying legally. However, Mississippi has some surprising laws that legally provide for a ban on marriage. A Mississippi Judge can bar you from getting married again!
MCA, Section 93-5-25 includes language to the effect that if the Court awarded a divorce against a party for adultery the Court may bar the guilty party from getting married again. This bar would require the guilty party to petition the Court to remove the restriction after imposed.
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.”
Matthew Thompson is a family law attorney and recommends that you not do things that will get you barred from remarrying.
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You may also contact Matthew at
(601) 850-8000
Approximately half of all marriages end in divorce.
In Mississippi, parties are limited to the reasons that they can get a divorce based on FAULT. Mississippi Code § 93-5-1 lists the Causes for Divorce, and below they are listed in order as most often plead;
#1. Habitual cruel and inhuman treatment.
#2. Adultery, unless it should appear that it was committed by collusion of the parties for the purpose of procuring a divorce, or unless the parties cohabited after knowledge by complainant of the adultery.
#3. Habitual drunkenness.
#4. Habitual and excessive use of opium, morphine or other like Drug(s).
Lesser plead, but still valid Grounds for Divorce include;
#5. Desertion, Willful, continued and obstinate for the space of one (1) year.
#6. Sentenced to any Penitentiary, and not pardoned before being sent there.
#7. Having Mental Illness or an intellectual disability at the time of marriage, if the party complaining did not know of that infirmity.
#8. Bigamy, Marriage to some other person at the time of the pretended marriage between the parties.
#9. Pregnancy of the wife by another person at the time of the marriage, if the husband did not know of the pregnancy.
#10. 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.
#11. 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, confined in an institution for a period of at least three (3) years immediately preceding the commencement of the action.
#12. Natural impotency.
Matthew Thompson is a family law attorney and knows a thing or two about fault grounds for divorce in Mississippi.
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Mom and Dad get a divorce. Things go okay. A few years later they decide we can make some changes. Dad gets a little more time, Mom “agrees” to a little less money…
The Court process takes too long. Attorneys cost too much. Plus, Mom and Dad agreed! They switch to a week-on, week-off custody arrangement. The kids are older, it works. Dad starts paying support directly for the benefit of the kids. He pays for the child’s car and insurance, and picks up health insurance which was previously mom’s responsibility. Dad does not pay mom directly. It’s about the same money, probably. What could go wrong?
Court Orders may only be modified by other Court Orders. Once an Order is issued and in place the parties are bound to follow it. This is so ironclad that the Court has a mechanism in place to enforce its Orders that can result in the breaching party having to pay fines and/or go to jail. This process is called Contempt. If you are not following the Order in your case, you are subject to a Contempt Petition being filed by the other party.
But if we agreed what’s the big deal? The big deal is that the new Agreement is not worth the paper it’s not written on, if not approved by the Judge.
At some point in the future, and it never fails, Mom and Dad have a falling out, again. Mom goes to an attorney and tells him that Dad has not paid child support in two years. Mom sues Dad for Contempt for all of the “back” support and then “un-agrees” to the custody change and goes back to an every other weekend schedule for visitation. Dad counter sues for a custody modification seeking custody now due to mom’s change and contempt over the health insurance issue. The only sure thing now is that each may well be in contempt and the Court is left to sort it out.
If you modify your Order/Agreement do it in writing, signed and approved by the Court. It’s the only way to guaranty that the Agreement is enforceable and for protection from being subject to Contempt for not doing what was in the prior Order.
Matthew Thompson is a Family Law Attorney in Mississippi that handles Modification of Custody and Contempt actions for failure to pay child support and reminds you to pay your support early, often and keep good records!
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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
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 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 games that both wanted to attend they agreed to alternate even years and odd years. 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 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.
Matthew Thompson is a Family Law Attorney in Mississippi and reminds you not to forget about those season football tickets and pets in your divorce agreement.
Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms
The bow tie is getting bigger!
Thompson Law Firm, pllc, is moving. Our new office will be located in Ridgeland, Mississippi in the Avignon Office Park. The physical address will be;
Thompson Law Firm, pllc
745 Avignon Drive, Ste. D
Ridgeland, MS 39157
That’s “D” as in divorce.
TLF will be adding additional space, offices, and staff. The new office is conveniently located near the Natchez Trace exit in Ridgeland off of I-55, close to the west end of Spillway Rd., and just one block west of the Old Canton Rd./Lake Harbor intersection. It’s across from Primo’s on Lake Harbor, and just east.
The new space and amenities will allow TLF to better serve and respond to current, former and new clients. TLF has signage on Lake Harbor and in the front of the new building. We will be in the new office full-time in mid-September 2015. Of course the phone numbers and emails will remain the same.
Matthew Thompson is a Family Law Attorney in Mississippi and is excited about the new digs! Stop by and say “hello.”
Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms
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