Category Archives: Divorce

alimony, Child Custody, Divorce, Opinion

Why Settling isn’t Settling for less…

2 Comments

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.

1 Comment

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”

Leave a comment

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

Leave a comment

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?

4 Comments

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.

Divorce, General Legal, Opinion

MS Bar Exam: 3 strikes and back to law school

Leave a comment

The Mississippi Supreme Court just enacted a new rule, effective 2020, for hopeful attorneys-to-be.

Matthew Thompson was interviewed by WLBT while attending Scout Camp regarding the new MS Bar Exam Rule change. It’s hard to take a good picture of a video…

There is now a rule regarding the number of times you may take the bar exam unsuccessfully before remedial education is mandatory. Upon 3 unsuccessful attempts, a test-taker must attend 12 additional hours of law school before sitting for the bar exam again.

Previously there was no set limit. Two Supreme Court Justices disagreed with the rule change, but not because it was too tough. One justice was in favor of a 3-strikes your’re out and another supported 5-strikes and you’re out.

There have been mixed responses to this rule change and the above link features area attorney’s reactions, including your truly.

Matthew Thompson is a Family Law attorney in Mississippi, passed the bar exam on his first attempt and if all goes to plan will not have to take another bar exam – – ever…

Divorce, General Legal, humor, Opinion

How to set yourself apart…

Leave a comment

Lawyer advertising can still have a stigma attached to it. It’s a throw back to the “good ‘ol days,” I guess.

However, we all advertise, or market, in some way. The bow tie is a marketing tool. Well, today my friend Graham Carner gave me his “card.” It’s a poker chip. It says his practice areas, website and phone number. It’s also the first time I’ve seen a chip/card.

Kudos to Graham. Perhaps the bow tie bottle openers are not as far-fetched as I’ve been told!

Matthew Thompson is a family law attorney in Mississippi and is typically the only lawyer under 70 in a bow tie.

Child Custody, Child Support, Divorce, Opinion, Visitation

Best Parenting Advice; Be Consistent and Be Positive

1 Comment

No, this isn’t a Tony Robbins webinar.

This advice comes from years of custody disputes, multiple counselors, being a parent and seeing a lot of what-not-to-do.

#1 Be Consistent

Be there. Show up when you are supposed to. Be there when you can in addition to when you are supposed to. Be supportive mentally, emotionally, financially. Be calm. Be steady. Be there.

#1A Be Positive.

Be a good example. Be a positive role model. Say nice things about your child. Say nice things about the other parent. Be reassuring. Be encouraging. Be loving. Be affectionate.

That’s it. Do those things. You’ll win at parenting.

Matthew Thompson is a child custody attorney in Mississippi and encourages all parents to be consistent and be positive, even you.

(601)850-8000 Matthew@bowtielawyer.ms