Category Archives: Divorce

Labor Day and Visitation

With Labor Day approaching it is a good time to reflect on the contributions and achievements of American workers.  Those efforts are the reason we celebrate  Labor Day, and have since it became a Federal holiday in 1894.

Labor_day : Labor Day Design  with the handoff worker holding the wrench Stock Photo

Labor Day is also a good reminder for paying attention to visitation issues.  It is extremely common in the divorce agreements that I prepare that the non-custodial parent receive additional time, more than the every other weekends that seem “standard.”  I often include that the weekend extends through the Monday holiday.  This gives that parent additional time with the child of uninterrupted visitation.

In fact, I have a schedule of all Federal and State Holidays and routinely have this specifically addressed in custody/visitation agreements.  There is almost one Monday holiday in every month.  These times add up and provide both parents additional welcomed time with the child and perhaps, even, a much needed break.  Pay attention to the details when ironing out the specifics in a custody/visitation agreement and make sure you address the other holidays and not just the “big” ones.

The Court Can Bar you from Remarrying

Mississippi has some interesting (read funny) laws.  I have previously blogged about Mississippi’s “Undivorce” statute, wherein previously divorced parties can legally undo the divorce.  Well, did you know that a MS Judge can also bar you from getting married again?

MCA, Section 93-5-25 includes language that in the event that the Court awarded a divorce against a party for adultery and in the Court’s discretion so decides, that the Court may bar the guilty party from getting married again for one year, requiring the guilty party to petition the Court, thereafter to remove the restriction.  I inquired with a local Judge if this had ever been invoked and while he had not, he knew of an instance years ago where it had been used against a serial adulterer.  So, not only can Mississippi Court’s divorce you and undivorce you, but in certain circumstances they can prevent you from remarrying.

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.”

Don’t Get Overloaded

Sometimes in life we bite off more than we can chew.  I recently had a week where I had a Court appearance every day that week, and all over the state to boot. Normally I do not schedule things like that, but sometimes it happens.  In a few instances I really don’t have control of my schedule.  Emergency issues happen and they have to be addressed (which one of these was).  A lot of times we put stress on ourselves unnecessarily due to what we are trying to do – seemingly too much.  Also, doing too much can make or personal life suffer. Well as it turns out, more often than not, you can handle it, but the stress and anxiety leading up to a maxed-out schedule is not worth the relief of having it done.

So what is the take away?  Don’t overload yourself, whether it be in your professional life or your personal life.  Make sure you are in control of your schedule, at least as much as you can be and make a concerted effort to that end.

In the end you may still have emergency issues arise, but you will be able to handle them and everything else that you had to handle by not overloading yourself. (Do as I say, not as I do.)

Matthew Thompson is a family law attorney in Mississippi and says don’t get overloaded.

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You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@wmtlawfirm.com.