Category Archives: Divorce

How NOT to Communicate; 10 Methods or Means of Communication that are more Trouble than they are Worth.

05/05/2015 BowTieLawyer Leave a comment

A big part of the any relationship is communication.

A big part of the trouble in many relationships is difficulty with or lack of communication. So, I have made a list of ways to NOT communicate.

1. Threats. Don’t make them.

2. Unreasonable Demands. They are unreasonable.

3. Information Dump on a Whim. The time must be appropriate for the discussions necessary.

4. Sensitive Information in a Non-protected Environment. Have private talks in private. Not in front of the children, friends, family and others.

5. Blaming the Other Incessantly. Accepting responsibility is one thing, being the reason that every bad thing that ever happened is not likely.

6. Screaming. Not necessary. He who is the loudest does not win.

7. Cursing. Not necessary.

8. Being Unprepared. If you or the other person are not in a position to discuss intelligently it is likely much will not be accomplished.

9. Win at All Costs. I’m always right. Even when I am wrong, I am right…right?

10. Lying. What good does it do to “win” if it’s a lie?

Matthew Thompson is a family law attorney and cautions persons to be careful how they communicate with others.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

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

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Child Custody, Child Support, Divorce, General Legal, Irreconcilable differences, Marriage, Opinion, Property Division, Visitation

New Judges are Coming… 11th, 20th, & 4th Districts; The Scoop on the Candidates.

04/27/2015 BowTieLawyer 2 Comments

Family Law is not necessarily full of exciting news. Sure, we have juicy stories of debauchery, but that has occurred since man became upright…

Illustration by Barbara Kelley

But, getting 3 new Judge positions is exciting!

Governor Bryant signed into law a bill that creates 3 new judges to hear divorce, custody, child support, paternity, will, estate and land matters, among other limited areas of the law.

These 3 new judges will be over districts that have been in much demand for another Judge.

District 11 is getting a 3rd Judge. District 11 covers Madison, Leake, Holmes and Yazoo counties. The Current Judges are Cynthia Brewer and Robert Clark, III.

The candidate for this seat is James Walker (click for website). Walker is the current Family Master for the District, hearing Emergencies,Temporary Hearings and the types of matters the current Chancellors hear. Walker is the former staff attorney for Judge Cynthia Brewer and former staff attorney for DHS. Walker is the definite front-runner (FB).

District 20 covers Rankin County and will likewise be getting a 3rd Judge. The current Judge is John Grant. There is a vacancy for the 2nd Chancellor due to the untimely passing of Judge Dan Fairly– which will be filled, most likely, by appointment and special election.

Craig Slay is the only candidate that has qualified for the new position, but the rumor mill has at least 4 other candidates in the mix. Slay is the Board Attorney for the Rankin County Board of Supervisors and has practiced law for nearly 20 years. At the time of this post Slay’s social media presence was not readily apparent.

Prentiss Grant is one of those candidates. He has announced publicly to be in the running for Rankin Chancery Judge, though not listed yet on the Secretary of State’s website. P. Grant has practiced for over 25 years and handled many Chancery Court cases, among criminal and personal injury areas of practice as well.

This will be an exciting race to watch!

District 4 covers Amite, Franklin, Pike and Walthall counties and will be getting a much needed second Chancellor.

Conrad Mord is the only candidate to toss his hat in the ring so far. Mord has practiced in the district for 40 years and currently serves as the Youth Court Referee, a.k.a. Youth Court Judge. The current lone Chancellor is Debbra Halford.

Stay tuned for all of your Family Law Judge news. This election coverage will be updated as more candidates qualify, though not so much coverage as to be soul-crushing to the casual reader!

Matthew Thompson is a family law attorney and is interested in the election process and the candidates that will decide critical issues for Families in Mississippi.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at

(601) 850-8000 or Matthew@bowtielawyer.ms.

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Child Custody, Crime, Divorce, General Legal

Hacking, Passwords and Family Email Accounts; Your Information is NOT Secure

04/20/2015 BowTieLawyer Leave a comment

Emails and text messages have helped “do in” more marriages, as far as evidence goes, than any Private Investigator could hope to.

What you think is deleted is NOT. There are recovery programs and computer gurus that, for a fee, can recover that which you think is gone.

Shared emails and shared cell phone plans allow the other person the same access you have. It’s not hacking if it’s a “joint account,” nor is it hacking if you gave them the password, even if it were years ago. It’s not criminal under these circumstances.

Key-stroking software and spyware abound. A program on the computer or your smartphone can send every button typed or your current location.

This is not so much a warning on how to cheat, but rather a warning of knowing your surroundings. Even innocent meetings may be used against you under the right (or wrong) circumstances. Also, communications that you think or intend to be private may well not be private.

Be smart. Be safe. Be secure.

Matthew Thompson is a family law attorney and warns clients to be careful on how they communicate.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

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

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Child Custody, Divorce, General Legal, Opinion

Why Do I Need a Private Investigator?

04/17/2015 BowTieLawyer Leave a comment

Private Investigation is not as glamorous, or as easy, as you think it is…

Why should I get a P.I.?

They know what they are doing. (usually)

They are good at what they do. (usually)

They are professional, will document their efforts and testify in Court.

They can be objective and unemotional about your circumstances.

They aim to satisfy as they care about their reputation.

Why doing it myself is a bad idea?

You do NOT know what you are doing. (Watching old reruns of Magnum PI does not qualify you for the job)

You are NOT good at it. You will get caught following too closely, spotted watching them, seen taking an obvious picture, or will lose them in the crowd.

You’re efforts will be viewed as biased. (of course you will say you saw him cheating, you’re trying to get a divorce!)

You CANNOT be objective nor unemotional. (the desire to confront her will be almost unbearable)

You do not care what anybody thinks!! (He’s a perv!!)

Read more on what a Private Investigator needs from you.

Matthew Thompson is a family law attorney and has seen the P.I. at the restaurant, “on the clock” and knew NOT to say hello!

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

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

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Divorce, General Legal

Testimony in Court; Answering Yes or No.

04/13/2015 BowTieLawyer 1 Comment

Testimony is nerve-wracking, but it doesn’t have to be that hard.

Courtroom sketch: Wired.com / Norman Quebedeau

A witness’s job is to tell the truth and answer the question asked. It is not to guess, to anticipate, to make-up, or change the story.

Judges routinely get irritated with a witness when asked a “Yes or No” question , but the answer begins with, “You see, what had happened was…”

There are 2 different sets of Rules when testifying.

1) You are called by your attorney or are a “friendly” witness. Under these circumstances you may not be asked yes or no questions of material importance. If you are, the other side may object due to “leading.” That is asking a question which suggest the answer.

Lawyer 1: You witnessed Jimmy kissing Jane, didn’t you?

Lawyer 2: Objection. Leading.

Judge: Sustained. Don’t lead your witness.

Lawyer 1: (asked one at a time)How do you know Jimmy? How do you know Jane? On what occasions, if any, have you seen them together?

2) When you are called by the adverse lawyer or are deemed a “hostile witness” then the questioning attorney may use leading questions.

Lawyer 2: You witnessed Jimmy kissing Jane, didn’t you?

Lawyer 1: Objection. Leading.

Judge: He’s on Cross Examination. The witness may answer.

Witness: Yes. (explain if allowed)

If the question can be answered with a Yes or a No, then you as a witness need to answer Yes or No. The Court will allow you to explain your answer, if necessary.

Matthew Thompson is a family law attorney in Mississippi and can handle the truth.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

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

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Divorce, General Legal

FaceBook, At Your Service; How You May be Able to use FB to Serve Your Spouse

04/07/2015 BowTieLawyer Leave a comment

FaceBook is not just for stalking your ex anymore…

A New York Court has authorized a Divorce litigant to attempt service on her hopefully, soon-to-be-ex via FaceBook.

This is unusual because under normal circumstances “personal service of process” is required. That is, the filed divorce papers are required to be handed to your spouse by a non-party, non-attorney for the parties. The rules do provide for service by publication when you do not know where the other party is, but you have to attest to having made a diligent search and inquiry into their whereabouts.

This case is unique in that the Wife does not know where the Husband is, but knows that he is an active user of FaceBook. The Court has determined that service through FaceBook may be proper.

This does not mean that sending your ex a FB message is valid service, however. Please consult your experienced family law attorney for rules on service and any additional questions.

Matthew Thompson is a Family Law Attorney and read here for what NOT to do on FaceBook.

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

New Judges are Coming!

03/30/2015 BowTieLawyer Leave a comment

New State Judicial Districting will result in more Judges.

Divorce Courts will have new chancery judges be added in the 11^th Chancery District composed of Holmes, Leake, Madison and Yazoo counties; the 20^th Chancery District composed of Rankin County, and in the 4^th Chancery District composed of Amite, Franklin, Pike and Walthall counties.

This will be a much welcomed relief for Madison and Rankin Counties. A new Circuit Court Judge positions has also been provided for Madison and Rankin.

Over $900,000 in the State budget for 2016 salary and benefits of the new judges and staff was included. The new judges only will run this year in the November general election. June 1 will be the qualifying deadline for the new judges. Judges run in nonpartisan elections. The new judges will take office in January.

Matthew Thompson is a Family Law Attorney and represents clients in Chancery Courts throughout Mississippi and believes these new Judges will help to ease the crowded dockets in these counties.

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

All the Way to the Supreme Court…

03/23/2015 BowTieLawyer Leave a comment

I hear this a lot. “I’ll take this all the way to the Supreme Court!“

Spring Break 2015, Louisiana Supreme Court

There are a number of potential stops throughout the appeal process (read more about appeals here) before your case will get to the Supreme Court and there are multiple Supreme Courts.

It’s not too uncommon for your family law case to make it to the Mississippi Supreme Court. All appeals from Chancery Court are filed with the MS. S. Ct., though most are assigned to the Mississippi Court of Appeals.

Should you appeal from the C.O.A. (or, if the MS S. Ct. keeps your case) then the MS S. Ct. will hear your case.

For your Family Law case to go further, it would have to include a Constitutional Issue or a Federal Question. Within Family Law there is an exception to Federal Courts having Jurisdiction, so most likely your Family Law case will not be in Federal Court.

Confusing? Sure, but just know this, your Family Law case is important, though it may not make it to the U.S. Supreme Court.

Matthew Thompson is a Family Law Attorney and has been involved in over 40 appeals.