Category Archives: Divorce

Divorce

TikTok, Alienation is on the Clock = $1.75 Million Dollar Judgment

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In what can only occur in our modern, social media-driven times, a North Carolina woman is found liable for breaking up a marriage and ordered to pay $1.75 million dollars to the wronged spouse. And her own TikTok videos were exhibits!!

https://www.yahoo.com/entertainment/celebrity/articles/tiktok-star-accused-stealing-woman-232505117.html

Alienation of Affection allows the wronged spouse in a marriage to sue the “significant other” of the guilty spouse for the breakdown of the marriage.  There are only 6 states in the country that still recognize AOA, but North Carolina and Mississippi are amongst them, and as recently as the 1990’s our Courts have refused to abolish this tort, reaffirming its place in the Mississippi legal system.

So what is AOA?

The elements are;

1) Wrongful Conduct (ie: adultery, though not required),

2) loss of affections, and

3) a causal connection.  

All 3 must be present for a viable claim.  There is a 3-year statute of limitations in which to bring the claim, beginning when the loss of affection is finally accomplished.

One of the issues that made this case especially egregious is that a tiktok video indicated that Brenay Kennard bought a pregnancy test after saying “I am getting down and dirty in the sheets.” At trial Kennard denied being sexually active at that time.

Another video featured Kennard saying, “I make her very uncomfortable.” Kennard admitted “her” referred to Akira Montague (the wife), but said “uncomfortable” could mean many things. She again denied being sexually active with Timothy Montague while he and Akira were together.

The jury did not buy it.

*As an aside, North Carolina has AOA and a separate tort called “criminal conversation” which only requires proof of sex with a married person for the “significant other” to be liable for damages.  It does not require loss of affections or a causal connection or even a real relationship.

Thirteen years ago I typed these prophetic words, “So what is the take away here?  Just because you are not married does not mean you have no culpability in an affair.  You will  be a necessary witness in the divorce case and stand a chance of getting sued yourself for AOA.  And if you go to North Carolina, you better behave.“

$1.75 million dollars later and the above words are still true today!!

Matthew Thompson is a family law attorney in Mississippi and reminds you Alienation of Affection is alive and well and can make you pay!!

Divorce, General Legal, Opinion

Look out WebMD here comes ChatGPT!

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For years Doctors have enjoyed the saying “I’m sure your WebMD is just as good as my actual M.D….

Self-diagnosing running rampant…

Well now ChatGPT has made everyone a lawyer.

Need a brief in response to a summary judgment motion?

In mere seconds a fully typed, cited and “winning” brief is at your fingertips.

Only, there’s just one problem…

It’s fake! The cites are fake. The rulings are made up and the cases and courts may not even exist.

Recently BigLaw and small firms have been swept up in AI legal malfeasance. It’s making the rounds and the news.

A federal judge has even been the target of an inquiry when a ghost ruling appeared with fictitious parties, fake facts and bad law! The order vanished and was replaced with a corrected one.

So be careful out there. We can no longer believe the news, the internet or our own eyes.

Matthew Thompson is a family law attorney that cites Westlaw and text books, such as Mississippi Divorce, Alimony and Child Custody, with forms.

Divorce

Is Winning Your Appeal a Win?

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“I’ll take this all the way to the Supreme Court!”

A fair amount of family law cases are appealed in Mississippi. All are appealed to the Mississippi Supreme Court, most are assigned to the Mississippi Court of Appeals (COA). This means the COA will decide your appeal.

An appeal, typically, does not result in an outright win. Most appeals are denied, as the chancery courts in Mississippi have a tremendous amount of discretion. There must be a showing of abuse of discretion and/or manifest error for an appeal to be successful. But, even then it may only be a paper victory.

An appellate win usually results in a remand. Meaning sent back to the same Judge for a new hearing on the issue(s) that the lower Court got wrong, and it’s usually with instruction on what and how to try the matter.

This often results in delay, more court and frequently no actual change in the outcome. The other tough thing in family law appeals is that time marches on.

The appeal of a custody matter could look vastly different two-years later and the Court, while “correcting” the past error, cannot ignore the now-current circumstances.

Be carefully with appealing your case. Talk to your attorney about potential outcomes and whether or not it will change the result.

Matthew Thompson is a Mississippi appeals attorney and has participated in over 30 appeals.

Divorce

Coldplay is a cold play – Uh Oh …

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These photos are still shots of a video taken at a recent Coldplay concert. A couple, caught up in a moment, got caught in the moment…allegedly.

Lead singer, Chris Martin is heard saying  “Either they’re having an affair or they’re just very shy…Holy sh-t. I hope we didn’t do something bad,”

As the internet is known to do, online comments are all atwitter!

“Cost of a concert: Hotel $200, tickets $600, food/drinks $150, divorce attorney $50,000. Getting exposed by Coldplay having an affair with your co-worker: priceless,” wrote Instagram user Trustfundterry.

One X user claimed that Byron’s wife had dropped her married name from her Facebook profile, and didn’t restrict people from making comments. Source. https://nypost.com/2025/07/17/us-news/couple-caught-on-kiss-cam-at-coldplay-concert-dodges-out-of-sight-as-chris-martin-wonders-if-theyre-having-an-affair/

This video and story has gone viral for all of the wrong reasons!

Matthew Thompson is a Mississippi divorce attorney and advises 1) do not have an affair and 2) if you are going to anyway, be discreet.

Divorce

Ferraez In CUSTODY!

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Local Hattiesburg Attorney Corey Ferraez was taken into custody for civil contempt today after an on-the-record-hearing in Forrest County before Judge Sheila Smallwood.

Ferraez was held in Civil Contempt for being found to have knowingly and willfully violated a valid Chancery Court Order requiring that he tender settlement proceeds from a wrongful death/estate matter unto the registry of the Court.

The widow of the estate, Ms. Weatherford, was present and testified at the hearing as was Mr. Ferraez. Hat tip to the Hattiesburg Patriot which Facebook Live – streamed the entire hearing. Mr. Ferraez sought to exclude the media at the outset of the Hearing and the Court denied this ore tenus motion.

Mr. Ferraez argued before the Court that he had substantially complied with the Court’s Order when he recently tendered some $215,000.00 of $450,000.00 ordered. Ferraez argued that he was entitled to a recovery of attorney’s fees and there were liens and pre-settlement payments to Ms. Weatheford, that when totaled up justified his figures. He also alleged to be having personal issues related to depression and substance abuse.

The Court reminded Mr. Ferraez that the Court, and Weatherford, had been seeking to get this matter resolved since Fall of 2024, that Ferraez was non responsive to the Court, missed Court appearances and never tendered all of the sums ordered. The Court was not unsympathetic, however the Court expects and requires that it’s Orders be complied with and followed.

Mr. Ferraez was taken into custody by the Perry County Sheriff, as the case was originally filed in Perry County.

One of the most interesting issues in this case is that Mr. Ferraez has the keys to the jail cell he is in. All he has to do is comply with the Court’s Order to be released from civil contempt. The Court Ordered that he is to be incarcerated until he pays the outstanding $195,000.00 +/- unto the registry of the Court.

Matthew Thompson is a family law/civil law attorney in Mississippi and shines the light on unethical and illegal conduct when it needs to be; whether it’s a Judge, a party or a lawyer.

Crime, Divorce, General Legal, humor

Dueling in Mississippi, Illegal since the 1800s…

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MS Code § 97-39-1 (2024)

It seems we pine for yesteryear when men were gentlemen. Well, guess what? They weren’t!!

Disputes were resolved with a fight to the death. Political rhetoric was uglier then than now and physical altercations were certainly more prevalent then than now between candidates.

Mississippi law provided then (and now),

“Every person who shall challenge another to a duel…or who shall accept any such challenge…or who shall be present at the time of any duel with deadly weapons, either as second, aid, or surgeon, …or give assistance to such duel, shall, on conviction thereof, be fined in a sum not less than $300.00 nor exceeding $1,000.00…, or be imprisoned not less than 6-months in the county jail, or both.”

Codes, Hutchinson’s 1848, ch. 64, art. 9(1); 1857, ch. 64, art. 51; 1871, § 2531; 1880, § 2745; 1892, § 1036; 1906, § 1114; Hemingway’s 1917, § 840; 1930, § 865; 1942, § 2091.

The good ‘ol’ days weren’t that good and hopefully we can learn from the past and not repeat mistakes (and worse…)

Also, a duel is no way to settle divorce matters!

Matthew Thompson is a family law and child welfare attorney in Mississippi, a student of history and continues to learn from the past.

Divorce

Happy Father’s Day!!

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#BowTieLawyer

#HappyFather’sDay

#ThompsonLawFirm

Divorce, humor, Opinion

Some “Crazy” Mississippi Laws…Polygamy

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Polygamy is one person married to multiple spouses. There’s actually some biblical precedent for such…

It’s actually illegal in every State in the United States and Mississippi takes it one step further.

Per MS Code § 97-29-43, It is ILLEGAL for any person to teach another the doctrines, principles, or tenets of polygamy; or induce or persuade another to embrace or adopt polygamy, or to emigrate to any other state, territory, district, or country for the purpose of embracing or practicing polygamy.

Upon conviction the person shall be fined not less than $25.00 dollars nor more than $500.00, or imprisoned in jail not less than 1 month nor more than 6 months, or both.

This law is not about the actual practice of polygamy it outlaws the teaching about Polygamy!

Polygamy (bigamy) is also a basis for divorce grounds and annulment grounds as you can only have one legal, valid marriage at a time.

Matthew Thompson is a divorce and annulment lawyer in Mississippi and is specifically NOT educating you about Polygamy.