Category Archives: Divorce

Child Custody, Divorce, General Legal, Visitation

School records, grades and cooperation…

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If you’re a parent you are entitled to your child’s school record, grades and information.

This is true regardless of the type of custody or visitation you have. This is true regardless of whether the other parent gives it to you or not. You are entitled to it by law in Mississippi. MCA 93-5-26

So, how do you get it?

  • Ask the other parent.
  • Ask the teacher.
  • Ask the guidance counselor.
  • Ask the principal.
  • Ask the guardian ad litem.
  • Formally request it in writing.
  • Have your lawyer request it.
  • and if all else fails
  • Issue a Subpoena.

Be nice, be professional, but be assertive.

The few exceptions to this are if your parental rights have been terminated and/or the child has been adopted or if there is a Court Order preventing you access.

Matthew Thompson is a Child custody lawyer in Mississippi and encourages you to be involved in your child’s schooling.

Matthew@bowtielawyer.ms (601)850-8000

Divorce, General Legal

An Apple a Day…

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“An apple a day keeps the Doctor away,” may be getting replaced with an “Apple today keeps the Divorce attorney away!”

Your iPhone is NOT great at keeping secrets. All calls, texts and emails are trackable, if not recoverable. It links to the Cloud and backs up your photographs, even the ones you delete. It knows what apps you have downloaded, it knows when you are sleeping, it knows when you’re awake, it knows when you’ve been good or bad…

So, what can you do? You can upgrade your device. If there is no case pending, no request to preserve evidence, no issued subpoena or a discovery request, you can get rid of it.

What did Tom Brady do? He got rid of it.

What did Hillary Clinton do? She got rid of it.

What did Nevada Barr do? She “took a cold chisel and a hatchet; I tore it apart; I then took all of the pieces that were inside of it and I put them in the metal box; I burned it by pouring gasoline over it, and I shoveled it into a plastic bag and I dumped it in a bayou.”

Matthew Thompson is a Family Law attorney in Mississippi and does NOT advise the spoliation of evidence, obstruction of justice or Russian collusion, but you can upgrade your cell phone or laptop.

Crime, Divorce, humor

Man Robs Bank Hoping to Get Sent to Prison to Escape Wife, Sentenced to House Arrest.

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Kansas City, Kansas. John Ripple walked into a bank and handed the teller a note demanding cash and stating he had a gun. The teller handed over $2,924.00. Ripple then sat in the lobby for police to arrive.

Ripple surrendered. Upon his arrest, he told investigators that he wrote the note in front of his wife, telling her he’d rather be in in jail than live with her.

Prior to sentencing, Ripple sought leniency as he was facing up to 37 months in prison. Ripple cited his recent heart surgery and depression, causing him to not “be himself.” Interestingly, the bank vice president and teller also supported a lesser sentence.

In a twist of fate, the Court sentenced Ripple to 6-months of home confinement. Sentencing him to the fate he was seeking to escape. There has been no update as to whether he was seeking post-conviction relief for cruel and unusual punishment, being forced to live with your spouse.

Matthew Thompson is a divorce attorney in Mississippi and reminds you there are easier ways than robbing a bank to get divorced.

http://www.BowTieLawyer.ms (601)850-8000

Divorce

An honest lawyer…

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BowTieLawyer.ms (601)850-8000

Divorce

tlf Spotlight: Chad King

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Facebook, despite its many flaws, has a great feature showing memories and photographs from the past. Today it reminded me of Chad King.

Chad and I have worked together for 15 years in the family law arena. Neither was a lawyer so many years ago…

Chad brings with him over a decade of family law experience, having served as law clerk, paralegal and office administrator over his many years of working in the legal community, and now as Associate Attorney.

Chad handles family law cases such as divorce, alimony, child custody and support and also heads up adoptions and termination of parental rights on the plaintiff’s side, as well as the defense of same.

Chad earned his Doctor of Jurisprudence from Mississippi College School of Law in 2015, where he served as President of the Family Law Society and as a Student Attorney in the Adoption Clinic. He also served as an Adjunct Professor in Paralegal Studies at Hinds Community College.

Chad is an integral partner at TLF and the many, many families in Mississippi are better off because of Chad’s service.

THANK YOU!

Chad King is a Divorce and Family Law Attorney in Mississippi  and prefers “No Tie” over a Bow Tie.

Phone: (601) 850-8000       Blog: bowtielawyer.ms

Fax:      (601) 499-5219    Email: Chad@BowTieLawyer.ms

Divorce, Marriage

Common Law Marriage is Not Common

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Common Law Marriage was the law of the land in Mississippi until 1956.

Jorodo via Cartoon Stock

Prior to 1956 if you lived with someone, holding yourselves out as Mr. and Mrs., for longer than a certain number of years, it made that union a valid, legal marriage.

In 1956 the Mississippi legislature ended Common Law Marriage, or at least NEW Common Law Marriages within the State.  Mississippi Code § 93-1-15 was passed that required a License and solemnization for a valid marriage.

   (1) No marriage contracted after April 5, 1956 shall be valid unless the contracting parties shall have obtained a marriage license … and …shall have been performed …solemniz[ation].  Failure in any case to comply with both prerequisites …shall render the purported marriage absolutely void and any children born as a result thereof illegitimate.

(2) Nothing contained in this section shall be construed to affect the validity of any marriage, either ceremonial or common law, contracted prior to April 5, 1956.

Now if your Common Law Marriage was valid prior to 1956 in Mississippi and you and the Mrs. are still alive and together, then your marriage is valid.  Interestingly, if you have a valid Common Law Marriage from another state Mississippi will also recognize that.  16 states still recognize Common Law Marriage according to Find Law and in the 1980’s Mississippi recognized a Common Law Marriage of a couple from Georgia.  They eventually relocated to Mississippi and the wife sought and was granted a divorce.  George v. George, 389 So.2d 1389 (Miss. 1980).

Don’t count on a Common Law Marriage for marital purposes, and don’t believe your “spouse” if they tell you you’re married and you have not followed the State licensure requirements.

Matthew is a family law attorney and was married using the post 1956 Mississippi methods.   

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

Divorce, General Legal

Shhh…CONFIDENTIAL.

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Keeping secrets is my business.

Attorney client confidentiality and privilege are legal terms of art. Today’s blog will deal with confidentiality and privilege will be in a follow up blog.

Confidentiality is an ethical obligation on the the attorney to keep your business, your business. That means that your identity, the fact you called, or had an appointment, and the content of the discussions are all private. It means it is kept a secret to the extent it needs to be.

Confidentiality does not mean you may not disclose some information to others. If there is a pending suit and I am hired and file on your behalf then those facts are no longer confidential. If I need to disclose some facts to have an expert evaluate them, then to that extent, the disclosure to a third party, is no longer confidential. However, confidentiality can apply to third parties, including; experts, other attorneys in the firm, and staff in the firm.

The American Bar Assoc. Model Rule 1.6, states:

“A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).”

“The rule prohibits a lawyer from sharing any information learned about their client–whether learned directly from the client or not–that is related to the representation without permission from the client. This is a broad duty. However…there are a number of instances where disclosure is permitted without a client’s consent, including preventing death or substantial bodily harm, preventing the client from committing a crime or fraud that will injure another, preventing or mitigating harm that may result from a crime committed by the client, compliance with other law or a court order, securing legal advice about compliance with the rule, establishing claims and defenses in the event of a dispute between the lawyer and the client, or resolving potential conflicts of interest for the lawyer. Given these numerous exceptions, a lawyer must pay close attention to the particular facts of their situation when determining whether disclosure is permitted.” ABA, Model Rule 1.6

 

Matthew Thompson is a Mississippi Family Law Attorney and keeps your secrets.

alimony, Divorce, General Legal, humor

Even $273 Million reasons couldn’t bring us back together…

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5 months ago Mike got divorced.

It was a 15-year long marriage. For much of it Mike was unemployed. Eileen had had enough. Eileen had to pay Mike alimony based on their respective earnings, earning capacities and work histories.

5 months later Mike won $273 million dollars in the New Jersey lottery.

Upon learning of the win, Eileen said “He’s not appealing to me all of a sudden because he has this money.”

Mike responded, “$270 million does not make me appealing to her — that’s what she said?”

“It’s over with…I just want her to stop being in my life.”

While it appears no amount of money could salvage this relationship, Mike plans to salve his wounds with a new pickup truck, a vacation and listening to his lawyer.

Eileen has a basis to modify and possibly terminate her alimony obligations to Mike. Win, win.

Matthew Thompson is an Alimony Lawyer in Mississippi which just approved lotteries. Get ready!