Category Archives: Divorce

Child Custody, Divorce, Opinion, Visitation

Child Testimony 101 & Updates

12/08/2023 BowTieLawyer Leave a comment

Whether a child should testify is a decision that hopefully you as a parent will never face. The Mississippi Supreme Court, in a 1990 Opinion, held “We reiterate that parents in a divorce proceeding should …refrain from calling any of the children of their marriage, of tender years at least, as witnesses, and counsel should advise their clients against doing so except in the most exigent cases.”- Jethrow vs. Jethrow, 571 So.2d 270 (Miss. 1990).

For testimony purposes a child witness of “tender years” is 12 and under and testifying is subject to the discretion of the Judge.

However, a recent Court of Appeals case requires ALL children be interviewed by the Judge in every custody case if a parent calls the child as a witness. It is now mandatory regardless of the age of the child, regardless of who has custody, and regardless even when the other parent objects believing same will result in harm, emotional or otherwise, due to the very young age of the child and even over the objection of the Guardian Ad Litem appointed for the child. Daly v. Raines, No. 2022-CA-00600-COA

This is a scary proposition for most parents and something to consider when you are litigating. In divorce/custody/family law litigation your children will now be forced to participate if either parent so decides.

Be careful who you have a child with…

Matthew Thompson is a child custody and divorce lawyer in Mississippi and believes that only in exigent circumstance should child custody even be considered . However, the “law” doesn’t always allow for common sense to prevail…

Appeal, Child Custody, Child Support, Crime, Divorce, General Legal, Opinion

What Can You Do When the Judge Violates the Law?

08/08/2023 BowTieLawyer Leave a comment

Judges swear an oath to uphold the Constitution, to follow the law, and apply it without prejudice or bias. Most do this very difficult task with tact and professionalism. Some do not. The Code of Judicial Conduct is intended to establish standards for ethical conduct
of judges.

So what do you do when your Judge violates the law? Sometimes it’s a judgment call and not a violation of the law. In these circumstances you can file a Motion for New Trial and/or an Appeal.

But what about when the judge clearly violates the law? Can you sue the Judge? Usually, no. Judges enjoy what is known as Judicial Immunity that protects them from civil liability for violating the law. If the actions are criminal there could be penalties, but typically not for civil violations.

What else can be done? Contact Mississippi Judicial Performance. Judicial performance is an entity created by the Mississippi Constitution that seeks;

To enforce the standards of judicial conduct,
To inquire into judicial liability and conduct,
To protect the public from judicial misconduct and disabled judges, and
To protect the judiciary from unfounded allegations.

All proceedings before the Commission are of a civil nature, not criminal, as the purpose of the Commission is to be rehabilitative and educational as well as disciplinary.

Judicial Complaint Form

Any citizen, litigant, attorney, law enforcement official, judge, public official, or other individual who has knowledge of possible judicial misconduct may file a complaint with the Commission. Complaints may also be filed anonymously. Additionally, the Commission may file a complaint on its own motion based upon matters it learns of in other ways, such as from mass media and information obtained during the course of an investigation.

All complaints must be submitted to the Commission in writing. The Commission does not accept oral complaints. You may use a complaint form or write a letter to the Commission. A complaint form filed with the Commission should be typewritten or printed so that it is easily readable.

Matthew Thompson is an attorney in Mississippi and knows most Judges try to do it right…

Child Custody, Divorce, General Legal, Marriage, Opinion

Sometimes You’re Just Not Ready…

05/29/2023 BowTieLawyer 1 Comment

Family law is tough. It is tough to go through, deal with, and be involved in.

It can also be unfair. But wait, the Judge has to be fair, right? Yes, but the Judge’s definition of fair and yours will be different.

Also, the whole circumstance may be unfair. You can live your best life and still find yourself in the divorce attorney’s office.

The handful of times that I have seen even good results feel bad is when one party is just not ready. They did not want a divorce. They did not want to be in my office. And, they did not do anything (or any one thing) to result in needing a divorce.

These are often the hardest circumstances. The client may be right. This may all be unfair, but it nonetheless is happening.

So what do you do if you realize it’s too soon and you’re not ready? Get an experienced lawyer. Confer with experts; a counselor, a CPA or financial planner, your pastor, your trusted family and friends.

Get prepared and be intentional, even if you don’t want to.

Matthew Thompson is a child custody and divorce lawyer in Mississippi and knows when it’s too soon. However, the law doesn’t always allow for the mental processing necessary for all clients.

Divorce

Stop Writing on Exhibits and Pictures

05/15/2023 BowTieLawyer Leave a comment

(Attorney hands witness a document)

Q: Is this a true and accurate copy?

A: Yes…uhm, no…I don’t know whose writing this is. I don’t know what this means…

Opposing Attorney: Objection. It’s obviously not a true copy, as the original does not have writing and marks on it.

Court: Objection, sustained.

Court rules on Evidence do not always make sense. Something that is obvious to you and most reasonable persons may very well violate the requirements of authentication of documents.

In almost every case witnesses write on documents and pictures. You think highlighting where he called you a “piece of work” adds emphasis. It may just render that email useless. Yes, even circling the curse words and disparaging comments can render that exhibit not authentic.

Do not write on the email chain, do not use sharpie on the photographs (certainly not the actual photograph). So how do you show empahsis?

Use Post-It notes. Use as many as your heart desires. Use multiple per email. Use different colors of Post-It notes. Use different sizes. Have at it!

Matthew Thompson is a civil trial lawyer and wants you to be able to use ALL of your exhibits.

Thompson Law Firm, pllc. (601)850-8000

Divorce

Womp Womp – Mississippi Says No Common Sense Change for Family Law

03/01/2023 BowTieLawyer 1 Comment

Mississippi SENATE BILL NO. 2644 proposed common sense changes to divorce laws. The legislation met a common fate of most proposed changes to bring MS in line with 48 other states. IT DIED.

Description: Divorce; authorize where marriage is irretrievably broken.
Disposition: Dead

The proposal would have allowed for a basis for divorce if parties had been actually separated for over 1-year and would have allowed the Chancellor to grant a divorce if he/she was convinced that the marriage was irretrievably broken.

That is all that was proposed. It failed. Again.

Matthew Thompson is a divorce/family law attorney and still supports common sense changes to family law in Mississippi, as he has for 18-years.

Divorce, General Legal

Mississippi Considers Irretrievable Breakdown…Again.

02/28/2023 BowTieLawyer Leave a comment

Mississippi considers legislation to make common sense changes to Family Law.

Pending before the Senate is an Act to amend MCA SECTION 93-5-1, to delete the requirement of “WILLFUL AND OBSTINATE” from the ground of desertion and to provide an additional ground when the “COURT FINDS THERE HAS BEEN AN IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE AND THAT FURTHER ATTEMPTS AT RECONCILIATION ARE IMPRACTICAL OR FUTILE AND NOT IN THE BEST INTERESTS OF THE PARTIES OR FAMILY…”

This proposal is significant because it would allow for a divorce if the parties have been separated for over a year, regardless of the reason and additionally would allow the Court to divorce a couple if the Court was convinced the marriage was over and beyond repair, regardless if other fault grounds existed. These are just common sense changes.

These changes would bring Mississippi closer in line with 48 other states with regards to divorce. While still not a true no-fault provision, this allows for the possibility of relief in most cases when it was previously not. What do you mean by that, you ask? Financial/divorce blackmail is legal in Mississippi under its current law.

Mississippi does NOT have a no-fault divorce option. Either you have fault grounds or an agreement to all issues between you and your spouse and if you have neither of those, you cannot get a divorce in Mississippi.

These changes, or something similar, are kicked around every year. Last year a blue-ribbon panel assembled by the legislature recommended changes and it didn’t happen. These are much needed and will actually help serve and protect families in Mississippi.

Matthew Thompson is a Family Law attorney in Mississippi and supports these changes. (601) 850-8000