Category Archives: Divorce

Divorce, General Legal

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

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FaceBook is not just for stalking your ex anymore…

TechnoGuido

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!

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New State Judicial Districting will result in more Judges.

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

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

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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.  

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

Divorce, General Legal

Attorneys are Like Used Cars

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Used car salesmen, stock brokers and door-to-door salespersons have tough reputations, at least the internet says so.

Well, what about attorneys? Lawyers represent the 4th highest rank of depression for any given career.  Attorneys are like used cars.  Some are shiny and look great on the outside, but are held together with JB Weld and duct tape on the inside.  Some look rough and haggard, but can get the job done in an economical fashion.  Some are much more expensive than necessary, but it’s your choice.  Some are just not equipped to get the job done.  Given this, how do you know what you are getting?

  • Ask.  Ask your friends, family and neighbors who they used? How was their experience?
  • Inspect.  You interview the lawyer as much as they interview you. Can they explain the law in terms you understand?
  • Listen.  Are they telling you just what you want to hear?

As Forrest Gump said, “You never know what you are going to get.” But, with a little homework and due diligence you can avoid getting a lemon.

Matthew Thompson is a Divorce Litigation Attorney in Mississippi and warns you to avoid the Lemon Lawyer.

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

Divorce, General Legal, Marriage, Opinion

Have a Plan.

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It cannot be stressed enough. Have a plan. 



Too often lawyers and litigants do things just to be doing something. I like having a plan and carrying out that plan.  I discuss options, steps and expenses for each option and what I recommend and why. 

While this approach takes more effort and time on the front end it can lead to amazing results of achieving seemingly very difficult goals very quickly or without causing a huge scene. 

Matthew Thompson is a Divorce Attorney and loves it when a plan comes together!

Follow the blog: BowTieLawyer 

Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or more information on Child Custody and Divorce. (601) 850-8000 or Matthew@bowtielawyer.ms.

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Crime, Divorce, General Legal, Marriage, Opinion

SOULMATES do NOT do the Following; The TOP 5 Signs that you have NOT found your “soulmate”

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A noted Practitioner, Professor and Author once said, “Soulmates and Unicorns live in the same zip code.” – Matthew Thompson

That is to say, that perhaps, Soulmates in the truest sense may well NOT exist, a la Unicorns.  However, regardless of your belief, for purposes of this post, assume Soulmates do exist. *

The TOP 5 Things Your Soulmate Will NOT Do:

5.  Physically/Verbally assault you.

4.  Harm your family members.

3.  Fake a pregnancy to induce you into marriage or remain in one.

2.  Isolate you from all other persons/friends/family.

1. Encourage you to establish a shell LLC so that you may then purchase their dream home at your expense, placing ownership interests into their sole name and doing all of this in a fashion as to hide it from all others. All the while, said Soulmate pays no heed as to your current financial condition and whether it is what is best for you.

*Science has yet to conclusively prove that Soulmates exist.

Matthew Thompson is a Family Law Attorney and can help you part ways when you realize your Soulmate is NOT your Soulmate.

Follow the blog: BowTieLawyer 

Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or more information on Child Custody and Divorce. (601) 850-8000 or Matthew@bowtielawyer.ms.

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Child Custody, Divorce, General Legal, Irreconcilable differences, Marriage

The Worst Fault Grounds Ever = A Divorce.

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Emotional abuse, verbal abuse, multiple affairs are all grounds for divorce in Mississippi.

David Castillo Dominici /freedigital photos.net

But, what if your spouse was really bad?  What if they said, as my grandmother-in-law used to say, “both words?”  IE: “I was so mad that I said ‘both words!'” What if you had really, really bad grounds and lots of it?

That gets you a divorce.

One affair or 1,000= a divorce. Being incarcerated for 1 year or for life = a divorce. Abandonment and the other grounds, if proven, gain you a divorce.

Here’s what Fault does not equate too.  “Getting taken to the cleaners.”

A mother having an affair does not lose custody because of that fact alone. A father who cheats does not have to pay the wife due to that fact alone. The Court, instead, looks at the totality of the circumstances.  If you are a good parent despite your fault you will still get to see your child.  If it was a short marriage or your spouse makes more than you, you will not have to pay a boat load just because you messed up.  Courts do not “punish” you financially for affairs, usually.

Just because you messed up does not mean you have to continue messing up. Just because you messed up does not mean you will pay for it the rest of your days. But, if you are messing up Stop now and call an attorney.

Matthew Thompson is an Attorney practicing Divorce Law in Mississippi and may can help you even if you really, really messed up.

Follow the blog: BowTieLawyer 

Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or more information on Child Custody and Divorce. (601) 850-8000 or Matthew@bowtielawyer.ms.

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Divorce, General Legal, Opinion

What is a “Biblical Divorce?”

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I hear this term a lot, “Biblical divorce.”

Arvind Balaraman

Most commonly it means having the fault ground of Adultery as the basis for the divorce. It is widely held that this is the only “Biblical Ground” for divorce and absent Adultery you cannot or should not get a divorce.

“Biblical grounds” can also include abuse and abandonment, depending upon your denomination.  These, adding to the list the reasons that a divorce may be allowed.

Interestingly, the Bible also states “I say to you that everyone who looks at a another with lust has already committed adultery  in his heart.” Mt. 5:28 This expresses the idea that lust for another, not your spouse, is “Biblical Grounds” for divorce.

Divorce is something no one really plans for (prenups notwithstanding). It is something that is routinely despised yet,  it is also sometimes very necessary.

If you are struggling with issues of Divorce contact your clergy, counselor, or even an experienced family law attorney.  They may well help you with your struggles.

Matthew Thompson is an Attorney practicing Family Law in Mississippi and may can help you.

Follow the blog: BowTieLawyer 

Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or more information on Child Custody and Divorce. (601) 850-8000 or Matthew@bowtielawyer.ms.

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