Category Archives: Divorce

So, Two Alligators Get a Divorce…

#BowTieLawyerMS  www.bowtielawyer.ms (601)850-8000

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Getting UnMarried Without a Divorce (Death is NOT the Only Way Out)

There are ways to end a “Marriage” other than divorce, and no, I am not talking about death…

http://eofdreams.com/ death.html

I have previously blogged on Annulment and the very limited circumstances that one may be requested.  However, I recently had another Annulment scenario arise that is worth mentioning.

Mississippi has specific licensing requirements to get married.  You have to have a licensed issued, you have to have a ceremony and cohabit.  The license is issued by the Clerk, the Ceremony is the thing you have at the beach, or the church, or the Court House and Cohabiting is living together.

But, what happens when there is a failure of one of the (3) requirements?

Typographical errors in the license do not invalidate a marriage when the marriage is consummated and you are living together.  Failure to comply with licensure requirements and NOT living together does not a marriage make. This situation would result in an Annulment.

But, what if there was no ceremony? 

Failure to have a Ceremony is fatal.  It does not matter if the license was issued. It doe not matter if you shacked up.  If you did NOT have a ceremony; at the beach, church, Court House, or backyard, if you did not jump the broomstick, you are not married.  A Ceremony, of some type, is required.

So, want your marriage to Count- get a license, have a ceremony and live as husband and wife.

Matthew Thompson is a Divorce/Annulment Lawyer in Mississippi and reminds you to act fast if you are seeking an Annulment.

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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“But, I Pay Child Support!?!”

Child Support.  The two most despised words in all of child custody related matters. Ok, maybe not the most despised, but it leads to more litigation than any other single issue.
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I have previously written on Child Support in Mississippi.  Today’s post is about what Child Support is really for and what it is not.

I have lost count of the times that a parent paying child support demanded to know how the monies are being spent and wanting to know just what the other parent is spending “their” money on.  I have also heard when the receiving parent has requested additional monies the response is,”I paid my child support, you figure it out.”

Child Support is intended to go towards the child’s needs. Food, shelter, clothing and necessities. However, the statutory sums rarely equate to an amount sufficient for all of that.

Mississippi has the lowest amounts, percentage wise, in the Country. 14% for one child equals approximately $150.00 -$585.00 per month. By the time any rent or a mortgage is paid, it’s gone.

Child support may be used to pay the rent, groceries, gas, clothing, shoes, school expenses, medical, dental, utilities, activities, etc. It’s not limited to solely purchases just for the child and it’s not improper for the parent to spend it as they see fit, so long as it’s a benefit for the child.

The paying parent may well gripe. And, it may be a lot of money to you, but it’s usually not enough to pay for a child’s true expenses.

Matthew Thompson is Child Support lawyer in Mississippi.

Signs of Terrible Parenting

In case you are wondering, “Am I being a terrible parent?” Ask yourself these questions, if you answer yes, you may well be parenting terribly.

  • Do you withhold financial support from your child?
  • Do you discuss grown-up issues with your young child?
  • Do you degrade the other parent to your child?
  • Do you take the position Easter is not a “holiday”?
  • Do you prevent your child from seeing the other parent?

A “Yes” to any of these does not require that you are a terrible parent, however your parenting as to that issue may be terrible. So, you ask, how do I not parent terribly?

  • Pay your support- if you have the means go beyond.
  • Do not discuss grown-up issues – the child does not need to know the details of the divorce.
  • Do not criticize the other parent – I agree they deserve it, but the child does not.
  • Easter is a holiday. It just is.
  • Allow your child to see the other parent – exceptions for dangerous circumstances only.

Matthew Thompson is a Child Custody Lawyer in Mississippi and reminds you to not be a terrible parent.

Follow the blog: BowTieLawyer 

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

How to Be a Reasonable Client.

On the heels of “Signs of an Unreasonable Client” comes the counter, so you know how to be a reasonable client.

  1. Listen to your Attorney. You hired them, now listen.
  2. Ask if you Don’t Understand. We can sometimes fall into the trap of speaking in legalese and assume you get it you aren’t indicating otherwise.
  3. Pay Your Bill.  That is how attorneys make money and all attorneys are not as rich as they want you to think.
  4. If you Have an Issue with us, Let us Know.  Don’t tell someone else about your concerns and not allow the attorney a chance to address it.
  5. Don’t Ignore your Attorney.  One of the worst things you can do is go off the grid and not communicate.
  6. Don’t Text Incessantly. It’s great for “running 10 minutes late” or “the date is Aug. 4,” otherwise call or email.
  7. Don’t Email when a Call is Better. Somethings you just have to talk about.
  8. Don’t Abuse the Cell Phone.  Do NOT abuse the cell phone.

Matthew Thompson is a Divorce Lawyer in Mississippi and encourages all clients to be reasonable.

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

 

Don’t Want Things to Get Worse? Don’t do Something to Make Things Worse

Want things to get worse? Do something worse!

http://www.rogerebert.com/far-flung-correspondents/a-marriage-made-in-hell

In family law it is often desired by a party to do something to get back at the other spouse.  The awful soon-to-be-ex did something first that was mean, so they want retribution and to do something meaner.  Usually this is a very bad idea. Two wrongs don’t make a right and it may well get you into trouble.

John and Jenifer were married. John had an affair with Jane. Jane was married to Jim.  So, guess what Jenifer did? She had an affair with Jim!  It did not make things better…

There’s a reported case where the soon-to-be-ex-husband threw all of the wife’s clothes in the driveway, squirted them with lighter fluid and lit them afire.  This conduct did not make things better.

Unless you want to end up in the War of Roses, stop doing things to make things worse.

Matthew Thompson is a Divorce Attorney in Mississippi and advises all of his clients to abstain from doing things to make things worse.

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

 

Lying Eyes & Other Signs of Lies and the People That Tell Them.

If you’ve ever been involved in a family law case then you’ve dealt with someone lying.

Clients, witnesses and even lawyers sometimes lie.  It could be a little white lie or a huge whopper. A former CIA officer said to watch out for these cues that you might be being lied to;

  • The Eyes Tell the Tale.  When asked a question the witness looks up, closes their eyes or looks down, especially on a question they should know.
  • Shielding the Face.  When speaking the person have their hand in front of their eyes or mouth.
  • Verbal Answer/Body Language Disagree.  The best example of this was when the deponent was asked if she was having an affair.  She said, “No,” but shook her head Yes.  When confronted with this she spilled the beans.
  • The Delayed Response.  Some things you should not have to think about.
  • Fidgeting.  Messing with your hair, your cup, or your pen when answering.
  • Nose Grows.  Think Pinocchio.  Very rare*

Want to know more about lies and the people that tell them?  Try these;

Matthew Thompson is a Divorce Attorney in Mississippi and advises you to NEVER lie while under oath.

Follow the blog:#BowTieLawyer

 You may also contact Matthew with your family law matter or question at (601) 850-8000 

The First Phone Call to the Attorney; What to Know?

The first step is always the hardest!

cuteimage/ freedigitalphotos.net

When you call a Family Law Attorney for the first time there are some basics that are pretty universal.  Be ready with this information.

  • Your full name and that of your spouse/defendant
  • Whether anything is on file in any Court
  • Critical deadlines, trial dates, hearing dates, etc…
  • Who the attorneys are, if any
  • Who the Judge is
  • What Court you are in, if so
  • What County is home for you
  • Date/Place of Marriage
  • Date/Place of Separation
  • Ages of children
  • Job description and approx. income
  • Whether it will be contested or Agreed

These are the basics that any family law practitioner is going to need to do a conflicts check and to do a proper evaluation of your case.

Matthew Thompson is a Divorce Attorney in Mississippi and encourages potential clients to educate themselves and know their stuff!

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