Category Archives: Divorce

You MUST Prove Your Case.

08/15/2017 BowTieLawyer Leave a comment

Just because someone files something in Court does not make it so.

Allegations must be proven, by a preponderance of the evidence, meaning more likely than not, or by clear and convincing evidence, which is a much higher burden.

Filing papers is the easy part. Making wild accusations takes little effort. Backing up your claims with corroborating testimony, physical evidence or other support is the hard part.

Before you make a claim think about how you will prove it. Are there witnesses, recordings, photographs, videos, incident reports, police reports, documents or other evidence? If not, perhaps you need to rethink your claim. You may lose credibility with the Court.

Matthew Thompson is a Family Law attorney and warns you that crying wolf may lead to you getting the result you deserve.

Divorce, General Legal, Opinion

Just Apologize.

08/02/2017 BowTieLawyer Leave a comment

Pride goes before the fall…Proverbs 16:18

In life it can be hard to say “I’m sorry,” but those two little words may save a pile of trouble. We’ve all seen prominent, public figures suffer dramatic falls, all seemingly snowballing from a refusal to apologize. It seems sometimes the trouble starts out small and grows bigger as we try to deflect, blame or hide our actions and point the fingers at others.

Perhaps, it is better to look in the mirror and point the finger.

Say “I’m sorry.” What’s the worst that could happen?

Matthew Thompson is a Family Law Attorney and is amazed at the lengths that some will go to not apologize.

Appeal, Child Custody, Child Support, Divorce, General Legal, Modifications, Visitation

When Court Doesn’t Go your Way…

07/17/2017 BowTieLawyer Leave a comment

Sometimes Court doesn’t go your way.

Judges make mistakes, witnesses remember it wrong and you may ask for improper relief. But, all is not lost. You have options.

Motion for New Trial. This motion, sometimes referred to as a motion for reconsideration, can provide an avenue for the Judge to correct the mistake. They must be filed within 10 days of the Final Judgment and they are not for a do-over, but to correct a clear error of law or fact.

Appeal. You may appeal any Final Judgment. You have 30 days to do so from the final ruling and if you do a timely Motion for New Trial it resets the appeal clock. Appeals can be cumbersome and daunting. These are to the appellate court, not the Court that decided your case. However, an appeal is based on what happened below, the trial record. It’s not for new happenings.

Modification. Even though your judgment may be final, certain aspects are always modifiable. Custody, support, visitation and certain other payments may be changed by the Court if circumstances warrant it.

Matthew Thompson is a Divorce and Appeals lawyer in Mississippi.

Divorce, humor

How are attorneys like sunscreen?

07/11/2017 BowTieLawyer Leave a comment

As I am enjoying the sunny skies, crashing waves, and the people it reminds me that you need sunscreen.

Like sunscreen, sometimes you need an attorney. They can be kind of a hassle to deal with and even could be messy, but is protection from a later and potentially bigger problem.

Matthew Thompson is a family law attorney in Mississippi and reminds you to wear your sunscreen & call your divorce attorney.

Child Custody, Divorce, humor, Visitation

Things to do this Weekend.

07/08/2017 BowTieLawyer Leave a comment

Being a parent is a non-stop challenge of instruction, guidance and entertainment.

It is hard to constantly come up with things to do. Here are some no-cost and low-cost Weekend activities, not too far away.

Picnic.

There are a plethora of parks in the area and most have picnic tables, pavilions and restrooms. It is as easy as a homemade sandwich and chips to a quick stop at the local fast food joint.

These parks also have grills. With a little more effort you can be grilling burgers, dogs or blackened redfish with crispy capers.

Take a Hike.

In addition to the walking trails at most parks there are a few actual hiking trails in the area. The most prominent locally is the Yockanookany. The “Yock” is a 30+ mile trial that runs north and south, beginning just north of the Overlook on the Natchez Trace paralleling the Trace northward for 30 miles. There are multiple spots to get on and off. This trial is primitive, but well-marked.

Mule Jail Trail. Mule Jail is a mountain biking/hiking trail. It is just south and west of the Spillway. It is a well-defined trail that meanders through the woods that are on your right when traveling east over Spillway Road. It’s an easy hike, quick to get to, but feels like your away from it all. Also, Mule Jail has a great history involving an island being formed from a natural peninsula of the Pearl River during the Civil War to protect the farmer’s live stock. The island was known as “Mule Jail.”

Other great hiking info can be found at Hiking in Mississippi, a great resource!

Canoeing/Kayaking.

Mississippi has some amazing rivers, streams and lakes. The Rez has numerous places to launch canoe and kayaks. There are lots of nooks and crannies to explore. There are a few local places that will rent canoes or kayaks, or you may purchase one at the big box retailers.

If you don’t go the rental route, this will be more expensive and more of a hassle. You will need to transport your craft and have the required paddles and life jackets.

Learn Something.

The metro area has numerous museums and attractions. The Mississippi Sports Hall of Fame, Natural Science Museum, Children’s Museum, Agriculture Museum, and Jackson Zoo are all nearby. These are relatively low-cost activities that can consume a half day or more of fun and learning. These are just a few in the area and there are plenty more throughout the state.

Just for Fun.

There are seemingly endless opportunities to just have fun, neat places to explore. A drive through downtown Jackson to see the sights is always a treat. Really. The Capitol, the Old Capitol, the Mississippi Supreme Court building, Governor’s Mansion, all of the “skyscrapers” in Jackson, and just traveling Capitol Street is a treat. Other localities have quaint “downtowns” with shops and farmer’s markets. Canton’s square is famed.

Eating Opportunities.

There are more places to eat in the area than you realize. Local, unique and one-of-a-kind places. There are numerous home-cooking diners, amazing soul food and authentic “foreign” cuisine. Where else can you find a catfish igloo, an old gas station turned-restaurant, an old school turned entertainment destination, and more Mexican places than you can shake a sombrero at?

There are lots of opportunities to have fun, stay on a budget, and make memories that last a lifetime.

Matthew Thompson is a Family and Child Custody Attorney encouraging you to be the best parent you can be.

Divorce

Happy 4th!

07/04/2017 BowTieLawyer Leave a comment

Divorce, Marriage, Opinion

Mississippi in the Spotlight; HB1523, Standing, and You.

06/23/2017 BowTieLawyer 1 Comment

HB1523 is the little engine that could. A three-judge panel of the 5th Circuit Court of Appeals determined that the Plaintiffs in the underlying matter did not have standing to pursue their case. The Court basically said those complaining had not been harmed.

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A brief reminder, HB1523 was aimed to prevent “government from interfering with people of faith who are exercising their religious beliefs …in matters of marriage.” Phil Bryant. The Governor said it would not allow the discrimination of anyone.

The debate essentially centers around two “competing” interests. Those in favor of the law – contend a small business owner, hardworking, toiling and of strong Christian conviction should not lose their business and livelihood due to getting sued for not baking a cake for a gay wedding. Those opposed to the law – state that this law affords no protections to a class in need of protection.

Interestingly, prior to this law, during its litigation and even to date, there has not been a reported instance of a small business in the State of Mississippi being sued or facing any consequences for refusing service to same-sex persons prior to this law. The Oregon case where a baker had a money judgment entered against him was due to the admitted violation of an Oregon State law and aggravating factors, including that the baker published the Complaintant’s name, home address and personal phone number on FaceBook. The money damages were for violating Oregon State law and the emotional distress that accompanied the intended private complaint being publicly posted.

The First Amendment of the U.S. Constitution prohibits the federal government from making a law “respecting an establishment of religion, or prohibiting the free exercise thereof.” This provision applies to state and local governments through the Fourteenth Amendment.

The problem I see is that this law demands the respecting of an establishment of religion. It specifically allows state employees to discriminate against other citizens based upon a “sincerely held religious belief” or “moral conviction.” This means that the State employee whose job is to issue marriage licenses can refuse because they do not approve of you and/or your soon-to-be spouse.

The intent was to prevent same-sex marriage, but it could also prevent persons who were previously divorced from being married, persons pregnant out-of-wedlock who seek to be married, those that have had a child out of wedlock, and those having sex out of wedlock from getting married. These facts, by the way, are not an interpretation. The law provides for protection of these beliefs.

However, the plaintiffs complaining could not show that they had actually been harmed or discriminated against because of the law. Due to this, the 5th Circuit determined that they did not have the right to sue the State as they could show no harm. Case dismissed.

So, what’s next? This ruling will be appealed to the full panel before the 5th Circuit and in the meantime additional suits will be filed with aggrieved plaintiffs, I predict. However, is a law really a law if it doesn’t matter? Maybe all who seek will get their marriage licenses and all who desire a cake will get their cake and eat it too. Maybe Mississippi is better than our politicians deserve.

Matthew Thompson is a Divorce Attorney encouraging you to believe in your beliefs, but follow the law.

Child Custody, Divorce, General Legal, Visitation

She’s Your Ex, not mine.

06/21/2017 BowTieLawyer 1 Comment

“The poison ivy of people are ex spouses.” -Matthew Thompson

Exes can irritate, inflame, and annoy regardless of the season. Exes can make life difficult and uncomfortable. Exes can also cause a reaction that is not good.

I was meeting with a divorcee and their new spouse. We were discussing some issues about the ex and the best way to address it. The new spouse made the comment “She’s your ex, not mine.” This was a profound comment. It was not shirking responsibility or even placing blame. It was a statement that you, as the former spouse, need to address issues head-on and in an adult like manner.

Novel thought. Act like an adult. All too often, I see ex spouses acting like everything but adults. Petty arguments, meaningless games of one-upping the other and a general lack of care for the ex spouse can serve to harm the child. These are bad. Don’t do these things.

Act like an adult.

Matthew Thompson is a Child Custody attorney and encourages ex spouses to act like adults.