Category Archives: Divorce

Divorce

Abandoned, Deserted, Left…

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Desertion is one spouse’s willful abandonment of the marriage for at least 1 year without consent, just cause, excuse, or intention to return.

More commonly called abandonment, being left or just plain dumped, desertion is more than just a fight he or she leaving for the weekend.  It has to be for 1 year.  That is 365 days!  Also, the party that did not leave, cannot be materially at fault for the other person leaving.  This means you cannot kick him out, then sue for divorce, with no other intervening events.

Desertion can also occur even with no one leaving the house.  The “deserted” spouse must demonstrate that he/she did not consent to the “leaving of the relationship” and that a willingness to renew the relationship was refused by the deserting partner. However, if the deserting spouse makes a good faith offer to return and the other spouse then refuses, the refusing party could become the deserter.

Finally, there is a concept known as “constructive desertion.”  This occurs when the conduct of one spouse is so bad that it forces the other party to leave.  The above requirements still apply as far as the timing and that it could be prevented by a good faith offer of reconciliation.

Desertion is a viable fault ground for divorce, but it must be proven to the satisfaction of the Court and can devolve into a “he said, she said.”  Also, just because one spouse leaves it does not mean the other spouse gets all the property.  If the Court awards a divorce then a property split will also be done.

Matthew Thompson is a Divorce Attorney in Hinds County, Mississippi and if you’ve been left high and dry it may be time to get down and dirty.

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 

Divorce

Reprise: That Checklist Thing

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Great Trial Prep and Trial Checklists from Chancellor Larry Primeaux of the 12th Chancery District of Mississippi. He has a resourceful blog about all things Chancery, Mississippi History and the occasional recipe.

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Reprise replays posts from the past that you may find useful today.

UPDATED CHECKLIST OF CHECKLISTS

May 27, 2011 § 2 Comments

Proving your case by proving certain factors is a fact of legal life in Mississippi.  I’ve referred to it as trial by checklist.  If you’re not putting on proof of the factors when they apply in your case, you are wasting your and the court’s time, as well as your client’s money, and you are committing malpractice to boot. 

Many lawyers have told me that they print out these checklists and use them at trial.  I encourage you to copy these checklists and use them in your trial notebooks.  And while you’re at it, you’re free to copy any post for your own personal use, but not for commercial use.  Lawyers have told me that they are building notebooks tabbed with various subjects and inserting copies of…

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Divorce, General Legal

Things NOT to Brag About.

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It’s sometimes hard not to tell the world how great you are.  Think Mohamed Ali. I get that.  But, there are some things that you should just never brag about in a legal situation.

Thomas Hoepker/Magnum Edition 2/7

Never Brag about;

  1. How well you KNOW the Judge.
  2. How well your lawyer KNOWS the Judge.
  3. How you KNEW the outcome before it was Ordered.
  4. How much money you HID.
  5. How much you “pulled the wool” over the other side.
  6. How her attorney was “on the take” for you.
  7. The FIX was in.
  8. Bribes being made.

Now this is not a guide on how to deceive.  I am not recommending you do these things, but just not talk about them.  I am adamant that you should NOT do these things, ever.  This includes talking about doing these things.  In my experience, I hear comments like this being made falsely to intimidate the other side or just to be plain mean.  Comments like this very well could lead to trouble for you even when the comments are false.

Sometimes things are better left unsaid.

Matthew Thompson is a Divorce Attorney in the Mississippi reminding you that you are NOT Dizzy Dean or Mohamed Ali.

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, Visitation

Raising Arizona…in Mississippi.

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Believe it or not Arizona is on the forefront of co-parenting and custody arrangements.  The plans and resources available to parent’s do a better job of serving the best interest of the child over some other State’s one-size-fits-all approach to custody and visitation!

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The Arizona Supreme Court website has a “Planning for Parenting Time – Arizona’s Guide for Parents Living Apart” which has numerous schedules, options and ideas for parents with children who are no longer living together.

There are schedules that are age-dependent, meaning the custody times are specifically catered to the age and needs of the child, from infant to the teen years.  There are schedules for when mom and dad are “high conflict,” suggesting the exchanges be at school or daycare so mom and dad don’t actually see each other.  There are schedules for when the parents live great distances from one another and for when they are in the same community.  There are more 1) traditional schedules, 2) week-on, week-off, 3) 5-2-2-5, 4) 3-4-4-3, and 5) provisions for a unique and completely custom schedule based on what you need.

If your goal is truly the best interest of the child, take a page from the Arizona parenting guide and consider what is best for your child when determining custody  Every other weekend is slowly going by the wayside.

Matthew Thompson is a Child Custody attorney and encourages solutions specific to you and not what your neighbor’s friend’s cousin got.

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

Divorce, General Legal

How’s the State of Your Union?

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Recently President Obama delivered his 5th State of the Union Address to the American People, summarizing the status of the U.S.   Similarly assessing the State of Your Union is a good idea.

Ohmega1982 /freedigitalphotos.net

A healthy relationship may be judged by how you and your significant other deal with the major areas in any relationship.

Communication

Are you listening? Yelling, silent treatment, saying what you mean, being understood.

Financial

Are you on the same page with major purchases, savings, etc.  Are job issues straining your relationship?

Intimacy

Issues of frequency, satisfaction and healthy self-images.

Conflict Resolution

How do you resolve conflicts?  Arguing the loudest does not determine a winner.

Children

To have or have not?

How’s the State of Your Union?  This list is not exhaustive, but is a good starting place. Sit down with your spouse and talk about it.

Matthew Thompson is a Family Law attorney and talking with your spouse about issues in your relationship now may prevent you having to sit down and talk about it with me later!

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

It’s Your Fault Too.

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All too often you are lead to believe that one party is totally to blame and the other party is completely innocent.

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Well, rarely is that the case.  While one party may be more at fault, the main reason for the ultimate split and even provide actionable fault grounds for the other to use, it does not mean the other spouse is blameless.  The common sentiment is that there are 2 sides to every story. In family law there are 3 sides.  His version, her version and the truth!

If you fall into the trap of “it’s all his fault” it does a disservice to you for preparing for the outcome.  Even when it’s all his fault, you don’t take him to the cleaners.  Nobody gets taken to the cleaners anymore.  If they do, they appeal. And when the cleaners are involved these days it is because someone wants out so bad they agree to a deal that they would not get otherwise from the Court or it was the only way out.

While this topic may be touchy, and pointing fingers at the “innocent spouse” may be hazardous to my health, it is nonetheless important to know that there is usually more than enough blame to go around.

Matthew Thompson is a Family Law attorney and will tell you when you messed up and when it’s your fault.

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, Opinion

Lawyers, Suicide & Family Law

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A recent report indicated that the legal profession has the 4th highest rate of suicide among professionals.

Family Law issues lead to a higher rate of depression than average and it is not uncommon for suicide threats and attempts to occur contemporaneously with Family Law matters.

If you find yourself dealing with these issues; family crisis, depression, thoughts of harming yourself or others, seek immediate help.  It does not mean you are weak.  You are human and emotions run the gamut in these situations.  Go to your Dr., seek out a Professional Counselor, your Pastor and/or talk to a lawyer or all of the above.  Oftentimes it is NOT as bad as you think and working with the right professional will aid your recovery.

Know this. Family law issues are NOT the end of your World and are NOT a reason to do something that cannot be undone.  Perhaps it’s cliché, but suicide is a permanent outcome due to a temporary problem.

Matthew Thompson is a Family Law & Divorce Attorney and Counselor at Law and can help when dealing with a family law crisis.

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

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Divorce

Soulmates, Bigfoot & Elvis. (Vote Now)

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Much like Bigfoot, the Chupacabra and Elvis, Soulmates have been sighted but remain elusive.

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Being a divorce attorney requires an almost daily struggle with the existence of soul-mates. We all think we’ve found the “ONE” until we learn we, in fact, did not find the “ONE” and then wonder “what on Earth was I thinking?!”

Once it goes South, I hear “I never loved him/her.”  Right… After 13 years, 2 children, and many happy years, it then was “never meant to be.”  Perhaps it was meant to be for 13 years.  Regardless, in addition to seeking your soul-mate, seek the one that complements your station in life, one that is a partner, a help-mate spiritually, emotionally, financially, and in immeasurable, intangible ways.  Soul-mates may exist, but what are the chances that of the 6-7 billion people on the planet that the only one other  person in the world that completes you just so happened to live 20 minutes away…

VOTE NOW!

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