Category Archives: Divorce

Divorce, Irreconcilable differences, Marriage

Marriage is a Fundamental Right, Divorce is NOT.

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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

Rocky Wilkins: Best of Jackson- Personal Injury Attorney

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I’ve known Rocky for over 15 years. He’s been a personal injury attorney for about 19 of his 20 years of law practice. He is as good as they get.

Left to Right, Matthew Thompson, Tamica Jeuitt, and Rocky Wilkins

Rocky has been nominated for Best Personal Injury Attorney. There are some good ones on the list, but I can attest to Rocky’s legal skill and experience, legal ethics and his ability to help people who are not in a position to help themselves. Rocky is my #1.

There’s a link up above to go to the voting. Now, the website has not made it easy or user friendly. Below are the step-by-step, instructions;

  • 1) Click Link (above)
  • 2) Scroll to bottom of landing page and click “Next,”
  • 3) Vote for Your choice. Rocky is the last name in the #3 category “Best Personal Injury Attorney.”
  • 4) Scroll all the way down and click “Next.”
  • 5) Enter your name, email and phone number. (the site is doing this to verify votes from real persons and to dissuade ballot stuffing)
  • 6) Click “Submit.”

Rocky Wilkins was born and raised in Jackson, Mississippi. He graduated from the University of Mississippi in 1996 and the University of Mississippi School Of Law in 1999.

Still us, left to right.

Mr. Wilkins practiced personal injury law at his own law firm in Jackson, Mississippi for over 15 years before joining Morgan and Morgan in May 2017 as a partner with the firm.

Mr. Wilkins focuses primarily on personal injury, product liability, automobile accident litigation, 18-wheeler cases, premises liability, and fire cases. Mr. Wilkins has had involvement with litigation regarding Baycol, the Rouse Polymerics Plant explosion in Vicksburg, Mississippi, and the Lakeview Manor Apartment fire that resulted in the deaths of four children.

Mr. Wilkins has tried over 40 cases to verdict and obtained several substantial jury verdicts in his career, including some in excess of $1 million. Mr. Wilkins has been a featured speaker at numerous seminars on the topics of trial practice, personal injury litigation, and evidence. He also taught Trial Practice as an adjunct professor at Mississippi College School of Law.

Mr. Wilkins is a member of the Mississippi Bar Association, Mississippi Association for Justice, and the American Board of Trial Advocates and was chosen as a Super Lawyer from 2014-2017 and Rising Star from 2009-2012 in the area of personal injury. He is the co-host of Law Call, which is a live weekly television show to discuss legal topics and answer questions from viewers.

Child Custody, Child Support, Divorce

Love your Child MORE than you Hate the Other Parent…

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Your job as the parent is to do what is best for your child every time.

It can be hard to show grace to a spouse/other parent who does not deserve, but most of the time it is what is best for your child.

It does not mean that they are not held accountable, but what it does mean, is that short of placing your child in true danger, you encourage and promote a relationship between the child and the other parent.

Just not saying hateful things (like they do ) is not enough. Your child is half of them and half of you. If you convince them that the other parent is ALL bad, then you are telling your child that half of their identity is bad.

Exceptions, of course, are made for abuse and dangerous conduct, but those are the exceptions, not the rule.

Matthew Thompson is a Child Custody lawyer in Mississippi and thinks the Family Law world needs a little more love.

(601)850-8000

alimony, Child Custody, Divorce, Opinion

Why Settling isn’t Settling for less…

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Most cases settle. Most cases should settle and “settlement” is not a dirty word.

Court, despite preparations, always has a level of unpredictability. Witnesses who you thought would be great, are nervous and are not great. Evidence that you knew was significant was prevented from being used due to an objection. What you believed to be the facts morphed into something else because of other testimony.

The judge was cranky. The air conditioner broke. Your lawyer forgot to ask you a question.

Settlement eliminates the risk and unpredictability of Court. Also, you just may get the outcome you would have gotten without the stress, anxiety and burning bridges that sometimes comes with contested litigation.

Sometimes settling your case is the way to go.

Matthew Thompson is a litigation attorney in Mississippi and still advises that sometimes settlement is best.

Divorce, Modifications

5 Rules for Testifying.

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I recently presented and attended several CLEs. It’s a great way to learn new things and be exposed to differing points of view.

Today’s gem comes from Jon Powell. Jon’s a great attorney in Rankin County. Here’s Jon’s 5 Rules for Testifying.

  1. Listen to the question.
  2. Think about your answer.
  3. Answer only the question asked.
  4. Stop talking once answered.
  5. Tell the Truth.

Great advice!!

Matthew Thompson is a family law attorney that always appreciates great advice!

(601)850-8000

http://www.BowTieLawyer.ms

Divorce

MS Bar Convention; Day 3= “Free Junk”

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It’s Day 3 of the MS Bar Convention. This means “summer school” is wrapping up by noon and the vendors/exhibits are being set up!

Starting at noon on the 3rd day, dozens of vendors set up a dizzying array of exhibits. Banks, Insurance, and Legal Research companies are vying for attorney business. And, how do they woo you? Free junk.

Totes, pens, pencils, pop sockets, glasses cloths, zippy pouches, beach balls, frisbees, stress balls, candy, t-shirts, sunglasses, sanitizer, sun screen, hats, note pads, cups, first aid kits, among other items that you cannot possibly live without…

All you have to do is visit with the vendor, make eye contact and sometimes just be standing nearby to gain some loot. A visit to a vendor also gets you in the running for the good stuff.

The good stuff is dealt out via a raffle. You enter it by visiting a certain number of vendors, getting the corresponding sticker or stamp and turning in your card.

These prizes are good; Yeti coolers, RayBans, iPads, drones, remote control doo-dads, gigantic stuffed animals, autographed footballs, and gift cards.

Day 3 also brings on the Welcome Reception. This is a family-friendly event with a kid’s dinner served in a beach pail; hot dogs and chips and such, and there are heavy hors d’oeuvres and drinks for the adults. This party always has a theme, usually related to whatever family movie is playing on one end of the ball room.

Attendees mix and mingle and have a good time. Lawyers, Judges and their families from all over the state attend. It really is a fun event.

Matthew Thompson is a family law attorney and regular attendee of the Mississippi Bar Convention.

Crime, Divorce, General Legal

Divorce Court vs. Criminal Court

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Sometimes divorcing parties act like criminals, but Divorce Court is NOT Criminal Court (typically).

Divorce court, a.k.a. Chancery Court, is a civil court. The Court’s function is to legally divorce parties that are entitled to be divorced and divide property. The Court has the authority to deal with and punish conduct that is violative of its Orders or disruptive conduct that occurs directly in its presence. Other than those instances it is not a punitive Court. You typically are not punished for marital fault…

Criminal court, which can be Circuit, County, Municipal, or Justice, among others, can punish. These Courts have prosecutors whose job is to prove the accused committed a crime/violated a law. The Judge or a jury determines if the matter was proven and a punishment, including; incarceration, fines, and other remedies.

However, sometimes these can relate or overlap. Conduct that could serve as grounds for divorce, such as domestic violence, is also a crime. The Court’s are independent of one another and you can be punished in Criminal Court and divorced in Chancery Court over the same facts.

Interestingly, your right to plead the fifth, invoking the Fifth Amendment to the Constitution can be done in both Courts. While it cannot be used against you in Criminal Court, it can be used to make an adverse inference in Chancery Court. So, if you are accused of adultery/habitual fornication in Criminal Court, which IS a crime in Mississippi, you may invoke the fifth and the prosecutor must prove a violation of the law by beyond a reasonable doubt, however in Divorce Court, while you may invoke the fifth, the Court can treat that as an adverse inference/admission and could find such to be enough to rise to clear and convincing evidence of adultery. Confused yet?

Divorce Court and Criminal Court are different animals, with different standards and different outcomes. However, all are serious and your rights may be infringed if the Court determines they should be.

Matthew Thompson is a Divorce Court lawyer and encourages those charged with a crime to confer with an experienced Criminal Defense attorney.

Divorce, General Legal, Irreconcilable differences

60 Days = Divorce?

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Sixty days and you are divorced is NOT the law in Mississippi.

§ 93-5-2 – Divorce on ground of irreconcilable differences

“(4) Complaints for divorce on the ground of irreconcilable differences must have been on file for sixty (60) days before being heard... the provisions of Section 93-5-17 to the contrary notwithstanding.”

60 days is NOT a deadline. It is a minimum, mandatory waiting period. It provides sufficient time for a cooling-off period and typically sufficient time to do all of the things necessary to complete the paperwork required in an Irreconcilable Differences divorce.

You are NOT automatically divorced on day 60 or 61. It means that AFTER 60 days the completed paperwork may be presented to the Chancellor for their review and approval.

Additionally, all of the paperwork does NOT have to be completed before you file and the Court will keep the file open for at least 12 months with no additional activity. This means at any point after the initial filing and 60 days, a divorce may be presented and finalized.

Matthew Thompson is a “No Fault” divorce attorney in Mississippi.