Category Archives: Divorce

Deadlines matter.

02/01/2018 BowTieLawyer Leave a comment

In life, there are deadlines.

1. the latest time or date by which something should be completed.

“the deadline for submissions is February 5th”

historical

2. a line drawn around a prison beyond which prisoners were liable to be shot.

Deadlines induce stress, anxiety and even panic. Deadlines, or rather, meeting deadlines is critical to be successful in life. Projects, bills and responses have deadlines. Sometimes there may be false deadlines, sometimes deadlines may have dire consequences. Knowing the difference is key.

In law school I took Counseling & Negotiation. It was an upper level class taught by an Adjunct Professor, X.M. “Mike” Frascogna. About half way through the semester he made an offer, any student would be guaranteed a “C” if they attended the remaining classes. They did not have to take the final. I recall a student took that offer. I did not consider it.

The final required us to negotiate with the professor for our final grade. There was no set exam. Their were wild stories of students doing wild stunts to get an A. However, one of the lessons that stuck with me was either not allowing the other side to know your deadline or setting a deadline that you know would put pressure on the other side. He told the story of an international negotiation where one person let the other side know he was flying out in 4 days. They wined and dined him, showed him the sights and otherwise occupied his time for 3 1/2 days. On the last day, the traveler agreed to a worse deal because it had to be finalized that day.

Deadlines matter.

Matthew Thompson is a Family Law Attorney in Mississippi and negotiated his way to an A in Counseling & Negotiation.

Divorce, Opinion

Good Faith; How to Act in a Family Law Case

01/29/2018 BowTieLawyer Leave a comment

Divorce can bring out the worst in people.

It can be hard to navigate, emotionally difficult and painfully slow. But, there is one primary thing you can do to persevere. Do the right thing. Every time. In Family Law we are often faced with conundrums on which way to go. Always choose the high road. Take the path that is in the best interests of your child. Do what is right.

Taking the low road may seem fun. The other side may deserve it, but in the long run the low road just brings you down to their level. Don’t forget that your case results in you literally being judged for your actions. Another person sits in Judgment of what you did, said and how you acted when under the microscope.

Matthew Thompson is a divorce attorney and advises his clients to do the right thing every time.

Divorce, General Legal

Can I Change the Locks?

01/23/2018 BowTieLawyer Leave a comment

Can I change the locks on the marital home?

Yes. You can change the locks if it is your house, condo, apartment, or camping trailer. This includes;

purchasing the home
leasing (applicable for divorce purposes ONLY, your lease may say otherwise)
renting
- Assuming there is not a Court/Temporary Order preventing you from accessing your home.

Can he/she change the locks without telling me?

Yes, however you/he/she can let yourself in if it’s your residence and there is no Court Order preventing you from accessing your home. If you are purchasing the home, or leasing or renting the abode, apartment, condo or camping trailer you can let yourself in.

Matthew Thompson is a divorce attorney in Mississippi and reminds you to also change the garage entry door and reprogram the garage door openers.

Divorce

Fault Grounds for Divorce in Mississippi: Updated!

01/18/2018 BowTieLawyer 5 Comments

The Mississippi Legislature amended the Fault Grounds for divorce last term to include spousal domestic violence and tweaked the corroboration requirement. The current Fault Grounds for Divorce are below. You only need one.

§ 93-5-1. Causes for divorce

Divorces from the bonds of matrimony may be decreed to the injured party for any one or more of the following twelve (12) causes:
- First. Natural impotency.
- Second. 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 a knowledge by complainant of the adultery.
- Third. Being Sentenced to any Penitentiary, and not pardoned before being sent there.
- Fourth. Willful, Continued and Obstinate Desertion for the space of one (1) year.
- Fifth. Habitual Drunkenness.
- Sixth. Habitual and Excessive use of Opium, Morphine or other like Drug.
- Seventh. Habitual Cruel and Inhuman Treatment, including Spousal Domestic Abuse.

Spousal Domestic Abuse may be established through the reliable testimony of a single credible witness, who may be the injured party, and includes, but is not limited to:

That the injured party’s spouse attempted to cause, or purposely, knowingly or recklessly caused bodily injury to the injured party, or that the injured party’s spouse attempted by physical menace to put the injured party in fear of imminent serious bodily harm; or

That the injured party’s spouse engaged in a pattern of behavior against the injured party of threats or intimidation, emotional or verbal abuse, forced isolation, sexual extortion or sexual abuse, or stalking or aggravated stalking as defined in Section 97-3-107, if the pattern of behavior rises above the level of unkindness or rudeness or incompatibility or want of affection.

Eighth. Having Mental Illness or an intellectual disability at the time of marriage, if the party complaining did not know of that infirmity.
Ninth. Marriage to some other Person at the time of the pretended marriage between the parties.
Tenth. Pregnancy of the wife by another Person at the time of the marriage, if the husband did not know of the pregnancy.
Eleventh. 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.
Twelfth. 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 and causes thereof, confined in an institution for persons with mental illness for a period of at least three (3) years immediately preceding the commencement of the action… (see statute for complete description).
Lexis Advance Code, Mississippi Code Public Access. Miss. Code Ann. § 93-5-1

Matthew Thompson is a Divorce attorney in Mississippi and reminds you that the law requires that you have a Fault ground in order to be awarded a fault based divorce.

Child Custody, Child Support, Divorce, Opinion, Visitation

Judicial Elections; Picking “Your” Divorce Judge

01/04/2018 BowTieLawyer 2 Comments

It is the season of qualifying for Judicial candidates.

From now through May, persons qualified to run, may throw their hat in the ring to become your next family law judge. The requirements are fairly basic for Chancellor; be at least 26 years of age, a practicing attorney for five years, and a citizen of the state for five years. Miss. Const. of 1890, Art. 6, §§153 and 154; Miss. Code Ann. §9-5-1, and pay a fee of $100 to the Secretary of State’s Office.

Below is the current listing and the geographical area that the Judges are in. There will be many more persons qualifying in the coming weeks.

District 1: Alcorn, Itawamba, Monroe, Pontotoc, Prentiss, Lee, Tishomingo, Union

Stephen T. Bailey Chancery Court Judge 1, 4 *(The first number is the District, the second is the place.)

Bailey was recently appointed after the resignation of T.K. Moffett. Bailey was a solid choice for the appointment and will likely win even if opposed.

Jacqueline Mask Chancery Court Judge 1, 3

Current Chancellor.

Judge John Hatcher just announced his retirement which will mean another spot is available in this District.

District 4: Amite, Franklin, Pike, Walthall
Debbra K. Halford Chancery Court Judge 4, 1

Current Chancellor.

Wayne Smith Chancery Court Judge 4, 2

Current Chancellor.

District 5: Hinds County
Dewayne Thomas Chancery Court Judge 5, 1

Current Chancellor. Judge Thomas will have this position for as long as he wants it.

Hinds County will be very interesting to watch as the three other current Chancellors, Owens, Singletary, and Wise, have all considered retirement.

District 6: Attala, Carroll, Choctaw, Kemper, Neshoba, Winston
Joseph Kilgore Chancery Court Judge 6, 1

Current Chancellor.

Rosalind H. Jordan Chancery Court Judge 6, 2

District 7: Bolivar, Coahoma, Leflore, Quitman, Tallahatchie, Tunica
Catherine Farris-Carter Chancery Court Judge 7, 1

Current Chancellor.

District 9: Humphreys, Issaquena, Sharkey, Sunflower, Warren, Washington
Jane R. Weathersby Chancery Court Judge 9, 2

Current Chancellor.

Vicki Roach Barnes Chancery Court Judge 9, 3

Current Chancellor.

District 10: Forrest, Lamar, Marion, Pearl River, Perry
Rhea Sheldon Chancery Court Judge 10, 2

Current Chancellor.

Vanessa Jones Chancery Court Judge 10, 3

This is a race to watch. Judge Williams, I believe, is retiring, and this a large area with lots of attorneys and will be interesting to see who qualifies.

District 11: Holmes, Leake, Madison, Yazoo
Cynthia Lee Brewer Chancery Court Judge 11, 2

Current Chancellor.

James C. Walker Chancery Court Judge 11, 3

Current Chancellor.

I do not expect challengers to either sitting Judge, but it could happen.

District 12: Clarke, Lauderdale
Frances Smith Stephenson Chancery Court Judge 12, 1
Charles E. “Charlie” Smith Chancery Court Judge 12, 1

This is another race to watch. Long serving Judge Mason is retiring and there are multiple quality candidates for this position.

District 13: Covington, Jefferson Davis, Lawrence, Simpson, Smith
Gerald M. Martin Chancery Court Judge 13, 2

Current Chancellor.

District 14: Chickasaw, Clay, Lowndes, Noxubee, Oktibbeha, Webster
Gene Barton Chancery Court Judge 14, 1
Lee Ann Turner Chancery Court Judge 14, 1
Paula Drungole-Ellis Chancery Court Judge 14, 3
Roy A. Perkins Chancery Court Judge 14, 3

The judicial race for Starkville, Columbus, Westpoint, etc. will be fun to watch. All three current chancellors, Colom, Burns and Davidson, are retiring. This means there will be three new family law judges for this district. I expect a lot of candidates and several of the more talked about names have not yet qualified.

District 15: Copiah, Lincoln
Joseph Durr Chancery Court Judge 15

Judge Ed Patten is retiring.

District 16: George, Greene, Jackson- MS Coast (eastern half)
D. Neil Harris, Sr. Chancery Court Judge 16, 1

Current Chancellor.

Gary L. Roberts Chancery Court Judge 16, 2
David M. Allen Chancery Court Judge 16, 3
David C. Frazier Chancery Court Judge 16, 3
Mark A. Maples Chancery Court Judge 16, 3

District 18: Benton, Calhoun, Lafayette, Marshall, Tippah
Lawrence L. “Larry” Little Chancery Court Judge 18,1

Bob Whitwell Chancery Court Judge 18, 2

Current Chancellor.

District 20: Rankin County
John C. McLauren, Jr. Chancery Court Judge 20, 1

Current Chancellor.

Mel Coxwell Chancery Court Judge 20, 2
Troy F. Odom Chancery Court Judge 20, 2

Place 2 is a race to watch. Judicial stalwart John Grant is retiring and I expect 3-5 candidates for this position. It will also be a close race as those qualified, and expected to be, are all great candidates.

Haydn J. Roberts Chancery Court Judge 20, 3

Current Chancellor.

Matthew Thompson is a Family Law Attorney in Mississippi and has practiced in most Chancery Court districts in the State.

Divorce

New Year, New Leaf.

01/01/2018 BowTieLawyer Leave a comment

There’s no time like the present to cast aside bad habits and pick up good ones.

This is true for your physical and mental health. This is also true for your relationships.

Don’t carry old baggage into the new year. Perhaps you’ve done not great things or received bad advice. You do NOT have to carry on with this path.

Chart a new course, a better course for 2018. Everyone will be better for it, especially you!

Matthew Thompson is a Family Law attorney and will not do too many preachy posts in 2018.

Divorce

Dog Custody and Dog Support is now a thing.

12/27/2017 BowTieLawyer Leave a comment

While pets are cherished members of the family, divorce law has historically treated them as personal property.

Now a state law in Illinois allows the Court to provide for the custody, visitation and support of FiFi.

Illinois Pet Custody Law

Illinois is following a similar law in Alaska. These states are somewhat a trend setter as far as having a formal law. In Mississippi, your pet is still personal property, however Agreements routinely address Custody and Support issues regarding the most loyal member of the family.

Matthew Thompson is a child custody attorney in Mississippi.

Child Custody, Divorce, General Legal, Property Division, Visitation

Dividing Your Divorce; Bifurcating Your Case.

12/18/2017 BowTieLawyer 1 Comment

Today’s post is about “math.” It’s not really, but it is about an option that may be available in your divorce case.

Bifurcating your case is dividing the divorce case from the custody/property/financial aspects of your case. It is not often done, but can be a useful tool when a party does not have grounds and the other party does not want the divorce, or when a party does have grounds and the other issues (custody/property/financial ) will take a considerable amount of time to be decided.

The basic process is requesting the Court to divide the case via motion, first making a determination if grounds exist and thereafter deciding the remaining issues if the Court awards a divorce.

While not right in every case, it can be a significant option in protracted litigation or could preempt unnecessary litigation.

Matthew Thompson is a Divorce & Child Custody attorney in Mississippi and reminds you that bifurcation may can add to your case by subtracting issues before the Court.