Category Archives: Divorce

Divorce, General Legal, Modifications, Opinion

Lie Detectors! How Judges Know When YOU are Lying…

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The legal system relies on those persons within it to tell the truth.  All parties, the lawyers and judges are expected to be honest at all times!

When testifying a witnesses takes an oath.  This oath includes that they “swear or affirm the testimony you are about to give is the truth, the whole truth and nothing but the truth, so help you God.”

However, this oath is sometimes nothing more than mere words to the witness. Here’s the scenario: A witness is testifying about their actions. On the day in question there are photographs showing him, in his truck, parking his truck and exiting his truck, placing him where he says he was not.

Q:  Whose truck is this?(shown a photo of his truck)

A:  I can’t tell from the picture.

Q:  Whose tag is this?(shown a photo of the tag)

A: Oh, that’s my wife’s truck.

Q:  Who drives that truck?

A: We both do.

Q: Who was driving it that day?

A: I don’t know what day…

Q: Look at the date stamp on the picture.

A: Oh…that day, that was me.

Q: It’s true isn’t it that you parked your truck in front of your exes driveway?

A: You can’t tell from the  picture whether I am parked or whether this is just a still shot of me driving by.

Q: This next photograph is of your truck with the driver’s door open and you getting out, correct?

A: Yes.

Q:  Who is that in that green t-shirt?

A:  I can’t tell from the picture who that is. (It’s him!)

Judges apply the smell test to determine your veracity, your truthfulness.  This fellow’s testimony did NOT pass the smell test.  He knew he was NOT telling the whole truth.  He lost his credibility on something seemingly trivial. Judges listen intently and judge you.  That is their job.  If you lie about little things or are “cute” with your answers then they may assume you’ll lie about big things.

Matthew Thompson is a Divorce Lawyer in Mississippi and recommends you tell the truth and nothing but the truth…but only answer what is asked.

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

A Client’s Pet Peeve; Not Knowing the Answer.

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A lawsuit is subject to the rules of law.  These rules were designed by lawyers to be implemented by lawyers.  It makes it very difficult to handle lawsuits and legal matters without a lawyer.

The law and common sense do not always go hand in hand.  Due to this what you think the answer is and what the correct answer actually is can be vastly different.  I try to anticipate and answer a client’s questions before they are asked. And, I certainly try to answer them when they are asked.  However, lawyers fall into the trap of speaking in legalese and sometimes the response is lost in translation.

You as a client have to say when you do not understand. You have to ask that it be answered again.  By not doing so, it is implicit that your question was answered and that you understood.  On numerous occasions I have found that by speaking with a client that something I thought was clear and understood was in fact NOT.  As a client you cannot allow this to go on.  Don’t be bashful, Ask.  Ask again if you have to.  It’s your case, your life, and your money.

Matthew Thompson is a Divorce Litigation Attorney in Mississippi and encourages you to ask questions until you understand the answer.

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

Contempt, Fine$ and Your Toothbrush; Disobeying Court Orders

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Contempt is the willful refusal to follow or abide by a valid Court Order.

Contempt is what the Court finds when you 1) do NOT DO what you have been Ordered to do, or when you 2) do what you have been Ordered NOT to DO.

The most common finding of Contempt is failure to pay child support.  A willful failure to pay child support usually leads to a finding of Contempt and if repeated can lead to very bad results.  It is the most common contempt ground leading to incarceration.  A finding of contempt can result in fines, the payment of the other side’s fees and possibly incarceration.

However, you can be in Contempt of any valid Court Order if you do not follow it.  This can include violating a No Contact Order– meaning you are to not have contact or communications with a certain person and if you do you may be held in contempt.

So you can be held in contempt for NOT doing what you should, ie: pay support or for doing what you should NOT, ie: contacting a person you are barred from contacting.

So, what do you do when there is a valid Court Order? Follow it to the letter.

What happens if you don’t?  Well, you better bring your toothbrush…

Matthew Thompson is a Child Custody Lawyer in Mississippi and reminds you to NOT do things that can lead to your incarceration.

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Divorce, General Legal, Opinion

HOW NOT TO TESTIFY IN COURT!

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Courtroom testimony is nerve-wracking.  You’re under oath, in the spotlight and half of the time you are being questioned by someone who is likely out to get you.  However, there is one thing to NOT do.

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Do NOT interrupt.

Do NOT interrupt the person examining you. Do not interrupt whoever is asking the question and do NOT interrupt the Judge.  It never ends well, even if what you have to say is very relevant and important. Wait. Say it when asked or when explaining your answer.  Also, do NOT just volunteer information.  A Question is asked, an Answer is given.  If there is a moment of silence or a pause while the next question is being formulated there is no need to fill in the silence with talking.  Be still.

Read more on testimonial war stories here and child testimony here.

Matthew Thompson is a Family Law Litigation Attorney in Mississippi and does his best to not interrupt the Judge.

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, Opinion

The #1 Reason Why Friends Vanish During Your Divorce.

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Sure, you may be losing a spouse, but you still have your friends, right?

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Divorces are hard, messy, time-consuming, energy and money draining. They impact not only your relationship with your spouse and children, but also your relationships with your friends.

Friends, all of a sudden, become witnesses.  That time that Jimmy drank too much at the BBQ and screamed and cursed at you.  Well, Paul witnessed the whole thing, thought Jimmy was out of line and even said as much. It made him wonder what Jimmy was like behind closed doors. But, given some time and the threat of a witness subpoena and Paul does not really “remember” exactly who said what.

When Maggie finds out she may be deposed about what you told her, she all of a sudden is an expert on hearsay and probably won’t be allowed to testify anyway…

The #1 reason on why friends vanish…THEY DO NOT WANT TO GET INVOLVED.

They do not want your problems to become their problems.  They do not want to “pick sides.”  They may be willing to be there for moral support, but when faced with Court, and cross examination – most would prefer not to.

Matthew Thompson is a Family Law Attorney and reminds you that friends don’t let friends go into Court unprepared.

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

What you “Lose” in a Divorce.

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There’s an old joke about “What do you get if you play a Country music song backwards?“

“You get your wife back, your house back and your dog back.“

Similarly, there are things you potentially can “lose” in a divorce, such as;

  • Your Spouse.
  • Your home, possibly.
  • 1/2 of your retirement.
  • Unfettered access to your children.

There are also things you can potentially lose, which you may not even realize, such as;

  • Your Church, through the ability or comfort to continue attending.
  • Your Financial Security.
  • Your Friends – they either don’t want to get involved or they pick the other side…

Divorces can be messy, stressful, time consuming and costly and there are costs beyond time and finances.

Matthew Thompson is a Divorce Lawyer in Mississippi and advises you to consider the true costs of a divorce.

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.

Child Custody, Divorce, General Legal, Marriage, Modifications, Opinion

Leaked Photos!

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The headlines have been abuzz of leaked celebrity photos in compromising positions, including Jennifer Lawrence and Kate Upton.

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However, celebrities aren’t the only targets of this type of conduct.  All too often these are threatened to be made public or sent to your mother by your former significant other when pitted against one another in a heated divorce or custody case.  You mean your soul-mate may turn on you?  In a second!

In addition to being embarrassing the pictures can influence a Court’s determination on contributions to the stability of the marriage and custody.  I am not saying you lose your kids because you took naughty photos, but depending on what they depict and whether they include illegal activity they may well impact your case and may also impact negotiations. You may settle for less than you should to prevent them from being used.

So, how do I keep these from being used against me? Easy, don’t allow them to exist in the first place.

What if they already do?  Tread carefully…

Matthew Thompson is a Divorce Lawyer in Mississippi and cautions you to NOT put yourself in compromising positions.

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, Marriage

First Recorded Divorce in the U.S. (Colonies, actually)

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In the Quarter Court of Boston, Massachusetts Bay Colony

Anne Clarke                                                                              Plaintiff

vs.                                                                                          1643-0001

Denis Clarke                                                                          Defendant

Complaint for Divorce

       COMES NOW, Anne Clark, a resident of the Massachusetts Bay Colony and files this her Complaint for Divorce and Other Relief, and would respectfully show unto this honorable Court, as follows;

      1.  Plaintiff, Anne Clarke, alleges as her ground for divorce Uncondoned Adultery and/or Abandonement…

History.com and the Nottage and Ward Blog note the first recorded divorce in the American colonies involved Anne and Denis Clarke of the Massachusetts Bay Colony.  In January 1643, a divorce was granted by the Quarter Court of Boston on the ground that Denis abandoned Anne to be with another woman.

In a signed affidavit, Denis confessed his actions. There were two children of the marriage and Dennis sired two children with his paramour. He also refused to return to Anne. The Quarter Court of Boston granted the divorce to Anne based on Denis’ conduct.

Divorce, it’s been here at least 371 years…

Matthew Thompson is a Divorce Attorney in Mississippi and can help make your marriage History.

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