Category Archives: Divorce

Crime, Divorce, General Legal, Opinion

AshleyMadison; The Naked Truth.

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The List has been leaked. The names have been scoured. More than a few were familiar to you…

AshleyMadison is all the talk, but your name being on the list is not a conviction, at least not yet. It does not even mean you used it.

The site is supposedly anonymous. Meaning anyone could enter a User Name (not their real name), use a Prepaid Gift Card and a dummy (or generic) email address. Reports indicate some did just that. However, some most certainly did not.

Also, just because you were on the list did not mean you had an affair. It means that perhaps you wanted to, intended to, or wanted to have some chat time with a fictional woman.  The man to woman ratio makes it highly unlikely that those users of the site were “successful.”

It also means that some of those listed in all likelihood had affairs and spent money doing so.  In some instances, it’s being reported, thousands of dollars were spent. This is trouble for several reasons. 1) It is circumstantial evidence of an affair, certainly inclination (or infatuation), and 2) spending money on a girlfriend, or boyfriend, is Marital Waste.

It is at best just embarrassing and at worst indicative of family problems in the past and probably some more to come.

Matthew Thompson is a Family Law Attorney in Mississippi and recommends that if you are on the list it’s time to make that call.

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Crime, Divorce, Opinion

Hillary Clinton is Right About One Thing.

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You’ve got Mail. No you don’t…

Hillary Clinton is always in the news. Lately, it is not for anything positive. Clinton is battling accusations of improperly using a private email server and email for she and her staff AND using same for sending and receiving classified information.

Clinton knew it was improper and took extraordinary steps to wipe as much of the proof of this as she could. Clinton”wiped her server clean” and permanently deleted all e-mails from the personal server. 

Doing this is bad advice if you are Secretary of State, subject to pending litigation, or are aware of a Subpoena Duces Tecum requesting said information.

However, it is great advice if you are a lying cheater. Deleting emails, wiping a server is just smart if there is incriminating evidence in said emails and on said server. In fact, it’s dumb to not delete and wipe. It sets yourself up to be held accountable for your actions. It could prove that you have lied under oath. It could lead to all types of legal ramifications, monetary penalties and potentially cost you your freedom.

This week alone we have learned that one should destroy their cell phone, a la Tom Brady, NOT have an account with AshleyMadison (or, if you do, have a fake account) and one should have a private email server, and when convenient delete those emails and wipe the server!

Matthew Thompson is a Family Law Attorney in Mississippi and is advising his clients if you are contemplating any of the above that your first visit should be to a good Criminal Defense Attorney and the next visit should be to your Priest.

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Divorce, General Legal, Opinion

Why Ashley Madison’s Data Dump May Lead to Your Son Getting Dumped

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“Life is short. Have an affair.®” is the tag line that greets you at AshleyMadison.com.

However, a recent hack of AshleyMadison’s data servers may make your life even shorter.  Approximately 32 million users worldwide had their data hacked, including, names, email addresses and credit card information.

A group called the Impact Team demanded that the owner’s of AshleyMadison, and another site, remove their sites or be faced with having “secure” customer information released to the masses.

The Impact Team reportedly object to AshleyMadison’s moral turpitude and fraudulent business practices.  One example was that for an additional fee AshleyMadison promised to completely remove your online presence with them, which they did not follow through on.

The fall out is still in its earliest stages. Reviews of the logins and emails show a number of seemingly fake names and email addresses created for shenanigans, but credit card numbers may show otherwise.

The Impact Team’s response was “We have explained the fraud, deceit, and stupidity of ALM and their members. Now everyone gets to see their data…. Keep in mind the site is a scam with thousands of fake female profiles. See ashley madison fake profile lawsuit; 90-95% of actual users are male. Chances are your man signed up on the world’s biggest affair site, but never had one. He just tried to. If that distinction matters.”

AshleyMadison responded “This event is not an act of hacktivism, it is an act of criminality. It is an illegal action against the individual members of AshleyMadison.com, as well as any freethinking people who choose to engage in fully lawful online activities…The criminal, or criminals, involved in this act have appointed themselves as the moral judge, juror, and executioner, seeing fit to impose a personal notion of virtue on all of society. We will not sit idly by and allow these thieves to force their personal ideology on citizens around the world.”

The takeaway is that your online information is not as safe as you think it is and when a third-party has it others can get it.

Matthew Thompson is a Family Law Attorney in Mississippi and is advising his clients to not have affairs.

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Crime, Divorce, General Legal, Opinion

Tom Brady, “Tom”foolery & his Cell Phone;Divorce Attorneys Should Take a Play from Brady’s Playbook

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Tom Brady is a Patriot and a pioneer in legal advice and he doesn’t even know it!

By now you are well aware of the fracas that is now known as DeflateGate.  Tom Brady did or did not have something to do with under inflated footballs in an NFL playoff game. There is now, literally, a Federal law suit about it.  He has been punished by the league, but avows his innocence.

But, what is the best piece of legal advice ever learned from Tom Brady?

Destroy your cell phone.

Tom Brady destroyed his cell phone. You see, he upgraded to a new phone and stated that his practice is to destroy his old one. To protect against identity theft, I’m sure.  He did this in the midst of the NFL’s investigation, but prior to formal legal proceedings being filed.(Disregard that he did not do so with prior phone upgrades.)

Had there been pending formal legal proceedings there could have been some issues with “destruction of evidence,” but without legal proceedings pending, upgrading his hardware and destroying the old, worn out device was just smart.

Sure, it may create the appearance of “Tom”foolery, but it does NOT allow said malfeasance to be confirmed.

So, you ask why else would he destroy his cell phone if there were NOT incriminating texts on it?

5.  He had embarrassing text messages, such as Gisele calling him her “Brady-Boo.”

4.  He expressed remorse about being an NFL Quarterback over his true dream of being a dancer.

3.  He was critical of Belichick’s hoodie.

2.  There were naked pictures of he and Gisele in nothing but Patriot’s Helmets and there was no way that wasn’t getting “leaked” if turned over.

1.   There were incriminating text messages on it.

Matthew Thompson is a Family Law Attorney in Mississippi and is advising his clients to take a play from Tom Brady’s playbook, if legal to do so.

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000

Divorce

Shameless Self-Promotion.

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My blog, BowTielawyer.MS, has been nominated for the 2015 Best Legal Blog Contest by The Expert Institute.

 

The Expert Institute is a New York based Organization that helps lawyers and law firms find expert witnesses with specific expertise, covering every practice area in the law.

The contest is recognizing Legal Blogs that offer insightful analysis, lighthearted commentary and/or general public awareness regarding the law.

I have learned that I have been nominated and the winners are determined by popularity.

So, if you have enjoyed a blog click right here and include;

Blog address:   http://www.blog.bowtielawyer.ms

Blog category: Niche and Specialty

As Pappy O’Daniel used to say, “Vote early and vote often.”

Matthew Thompson is a Family law blogger in Mississippi opining on domestic relations, current events, hot topics and whatever else he feels like on any given day. 

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

 

 

 

Divorce, General Legal

Just One Simple Question…

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Just one simple question…

What a lawyer says matters. Not that it’s more important than what your Doctor or Pastor says, but if a lawyer is wrong you and he/she may get in trouble. Lots of trouble.

Often I am asked “Can you answer just one simple question?” The problem is the knowledge and information necessary makes neither simple nor just one question.  For example, “Will I have to pay Alimony?”

To Answer that with even a remote chance of “getting it right,” one needs to know;

  • What do you do?
  • What does your spouse do?
  • Respective incomes?
  • Earning Capacities?
  • Education?
  • How long since you’ve last worked?
  • How long since she’s last worked?
  • Are there minor children in the home?
  • What age?
  • How long have you been married?
  • Marital fault?
  • How much is the marital estate worth?
  • Is it liquid?
  • How much is the separate estate worth?
  • What else is the spouse receiving?

Just one simple question…

Matthew Thompson is a Domestic Relations Attorney in Mississippi and reminds you that Mississippi is indeed an “Alimony state.”

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Divorce

What is My Stuff Worth? (Divorce-Garage-Sale)

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Valuing your stuff in a divorce can be a pain. Everything you have is not worth much compared to what that jerk took. Well, except for the house, the car, the jewelry, etc…

  
All assets owned by parties in a divorce action are to be valued. Even disregarding the marital versus non-marital arguments, a value for every asset is necessary for the Court to consider equitable distribution, how to divide your stuff.

Mississippi case law provides that a Court shall address certain factors when determining the equitable division of the assets owned by the parties involved in a divorce action. A lineage of cases including; Cheatham, 537 So.2d at 438., Haney III, 907 So.2d at 954. , and Ferguson v. Ferguson, 639 So.2d 921 (Miss. 1994) give factors for the Court to evaluate when determining the division of assets. The Ferguson factors should be applied in all appropriate situations, including;

#3. The market value and the emotional value of the assets subject to distribution.
#4. The value of assets not ordinarily, absent equitable factors to the contrary, subject to such distribution, such as [non-marital assets].

The Court has held that an owner can express an opinion about the value of something they own. So you can say what you think it’s worth, however an appraisal would remove most of the uncertainty.

Everything needs to be valued and be careful of overvaluing his items and undervaluing yours. It’s been done before.

Matthew Thompson is a Family Law Attorney in Mississippi and reminds you that sometimes one man’s junk is another man’s junk, too. 

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Divorce, General Legal

Why Court Takes So Long!

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“We’ll just let the Judge decide!”  famous last words…

m_bartosch/ freedigitalphotos.net

Court can take a while for a myriad of reasons.

From filing and just getting a Court date, which could be 3 months to 13 months in the future, to finding and serving the Defendant with proper process, can take longer than expected.

A mistake in not attaching the correct summons, having the incorrect date or time or not properly signing the papers can all lead to delay.

The Judge’s schedule can cause delay. The trial from yesterday may bump you. An Emergency in another matter will bump you. A Commitment, Domestic Violence matter or even one that will be “real quick” can bump you.

Slow witnesses, attorneys that ask a lot of questions, even pointless questions cause delay. Unavailable experts, extra long lunch breaks and multiple recesses add to the length. 

Injuries, illnesses and hospital visits delay trials. Also, if you don’t finish in the time allotted, don’t assume you will bump tomorrow’s trial, because you might not!

Not to mention CONTINUANCES.

Even when the trial is over your case may not be. The Court has up to 6 months to Rule on your matter.

Court can take longer than it should and once you find yourself in contested litigation you may well not have a choice but to go along for the ride.

Matthew Thompson is a Family Law Attorney in Mississippi and knows that the Wheels of Justice Can Turn Slow. 

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms