Category Archives: Divorce

Divorce, General Legal, Marriage

Annulling your Marriage

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Annulment is the process of revoking your marriage.  It is a legal mechanism that dissolves the marriage by legally undoing it, as if you were never married.  Annulment differs from divorce.

 Annulment results in you being able to claim, truthfully, that you were never legally married.  It erases the marriage.

Annulments are rare and only granted on a limited basis.  Mississippi law provides for annulment via MCA 93-7-1, et seq. The statute allows for annulment in all instances of incest or bigamy with no time limitations for seeking the annulment.  In fact, in these circumstances the marriage would be void.  Also, incest and bigamy are grounds for divorce, so you could take your pick between seeking an annulment or divorce.

Annulment is allowed if one of the following was in existence at the time of the marriage ceremony;

  • incest (raised at any time)
  • bigamy (raised at any time)
  • incurable impotency
  • mental illness or incompetency (must be sought within 6 months of marriage)
  • failure to comply with licensure requirements AND no cohabitation
  • lack of understanding or want of age (not old enough to consent), or due to fraud or force (again w/i 6 months of marriage)
  • pregnancy of wife by another and husband did not know (w/i 6 months of marriage)

These are the grounds for annulment and if you don’t fall into one of these categories annulment is not an option.  I have had numerous calls of persons married for weeks, or months who want to seek an annulment because they made a mistake.  Mistake is not a ground for annulment.

**It should be noted that a legal annulment differs from a religious annulment.  You can have one without the other and they have no bearing on one another.  So is an annulment right for you?  You better act quickly and know that in most instances it is not.

Matthew Thompson is a Family Law attorney and can help you erase your marriage mistake.

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@wmtlawfirm.com.

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Divorce, General Legal, Opinion

Ain’t Nobody Got Time for That (Unhappy Clients)

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What’s the fastest way to have an unhappy client?  Charge too much?  Not return calls?  No, the fastest way to have an unhappy client is to represent them for FREE.

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What?  We all love stuff that is FREE!  This is true in a lot of instances, but in professional services it is decidedly not.  Legal representation is different from giving someone a free box of donuts.  Most of the time the legal services needed are important and have risk associated.  Typically the person seeking assistance has contributed to the predicament that they are in.  You, as the attorney, think you are doing them a favor, but are you?

Certainly there are circumstances of appreciated and gratifying Pro Bono work.  In Mississippi attorneys are required to work at least 20 hours per year on Pro Bono matters, but the client does not get to decide.

It seems that clients getting something for nothing are more demanding, are more suspicious and are more prone to complain.  This is because the typical arms length transaction, which provides for the exchange of compensation for services, when not used creates an imbalance.

  • The FREE client is more suspicious because they wonder how good a job the attorney is doing.  
  • The FREE client is more demanding because they have to get all that they can for free because they know it will end soon.  
  • The FREE client complains more because they do not have to refuse to pay and wonder what that attorney is going to do about it.  
  • This is not intended to disparage Pro Bono clients and their cases, but rather to warn attorneys and other professionals to be careful when taking on FREE representation.

Beware of FREE representation and to the clients seeking a free attorney, sometimes…you get what you pay for.

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@wmtlawfirm.com.

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Bow Tie, Divorce, General Legal, Marriage, Opinion

Churchill Wisdom; On Divorce

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Lady Nancy Astor:

Winston, if you were my husband, I’d poison your tea.

Churchill: Nancy, if I were your husband, I’d drink it.

Portrait of Winston Churchill by Yousuf Karsh

Matthew Thompson is a family law attorney and suggests you seek the advice of an attorney before you brew or drink any “tea.”

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@wmtlawfirm.com.

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

Mediating Family Law; Resolving Your Case on Your Terms or Not.

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I will be mediating a family law case, or rather agreeing to mediate a divorce, custody and property division case in the near future.  Mediation is a process whereby the parties agree to meet and attempt to resolve all issues prior to going to trial or without having to go to trial.

In a mediation the parties agree to hiring a third-party, typically another attorney or retired judge, to “hear” their  case.  Now the mediator is NOT the main authority.  In fact, the mediator cannot compel either of the parties to do or agree to anything. The mediator’s role is to point out the strengths and weaknesses of each sides case and to try to find common ground.  Sometimes the mediation is based on reason and logic and sometimes it is based on emotion or just some number someone is trying to reach. Almost anything can be mediated, though a rule of thumb is to not mediate when not prepared factually, legally (research wise), or with an abuser.

Pros:

  • The parties have the ultimate say in the final outcome.
  • Mediator gets to hear “everything,” so a party may have their “say.”
  • It is appeal proof. (unless fraud involved)
  • It can save fees and expenses.
  • It can reveal strengths and weaknesses in a case.
  • It works.  (approx 90% of the time)

Cons:

  • If there is no agreement there is no settlement.
  • Mediator’s opinion is non-binding.
  • It can add a layer of expense.
  • It can be frustrating.
  • It may not work.

Mediation is not a silver bullet to end litigation. It is just another implement in the tool box of resolving and litigating cases.

Is mediation right for you?  Almost any matter can be mediated. Speak to your attorney for more information.

Matthew Thompson is a family law attorney and believes in the mediation process, though it may not be right in every situation.

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Child Custody, Divorce, Marriage

Cheetah, Cheetah! (The Cheater Gets Nothing? Not Necessarily.)

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Your dirty, no-good, lying, sorry sack of spouse is a CHEATER. Obviously when the Court hears about this that so-and-so will be excoriated and will never show their face again in town. They certainly won’t get anything, right?

In Mississippi, an Affair is a fault ground for divorce. If your spouse is guilty of an affair it will get you a divorce, but don’t count on that fact alone meaning you get everything and they get nothing. It does not mean that he will have to pay you or that the CHEATER cannot get alimony or even custody.

Back in the olden days, some may say the “Good ‘Ol Days”, a lady was barred from receiving alimony if she were guilty of adultery. This is no more, though contributions to the stability and harmony of the marriage are considered and an affair can play a part in what is ultimately received.

Additionally, a spouse having an affair is not barred from being awarded custody. In the olden days a mom that had an affair could be putting her children at risk. Today, a parent’s adultery or morality pursuant to the Albright Custody Factors is considered, but an affair with no adverse impact to the child – will not automatically mean the CHEATER will not get custody.

So, cheat with impunity? No. Just know that cheating ain’t what it used to be, unless it is.

Matthew Thompson is a family law attorney and Cheetahs do NOT change their spots.

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@wmtlawfirm.com.

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Divorce

Things to Release at a Wedding Ceremony.

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Things to Release at a Wedding Ceremony.

Scale of “Coolness” of potential things released at a Wedding Ceremony

Crime, Divorce, General Legal

Domestic Relations vs. Domestic Incarcerations; Jail for bad behavior.

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In Family Law, dealing with divorce and child custody issues are enough to keep any attorney busy.  With ever-changing emotions, gray areas of the law relating to dividing assets and assessing how a particular judge may determine the best interests of a child, attorneys and clients don’t need more on their plate to deal with.  But, there is more…Jail!

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I have previously blogged on going to Jail for having sex and not paying child support, but there is another reason folks go to jail in their family law case, letting their emotions get the best of them.

It is quite common for Family law matters to “spill over” into Justice Court or Municipal Courts.  Most commonly are assault, trespass and domestic violence violations.  I have included portions of the statute for you to review, below and italicized common issues.

The severity of these charges depends in large part on the severity of the circumstances, the severity of injuries, if any, and whether there is a history of violations or abuse.  Unfortunately, it is not uncommon for one spouse to attempt to use these criminal allegations to “one-up” the other and attempt to use the criminal charges as leverage in divorce negotiations.

Lawyers would be wise to warn their clients about the possibility of a client losing their cool, even once, leading to criminal charges and that, perhaps, their former significant other may “create” circumstances in the hopes of using those against them in a later or pending divorce action.

§ 97-3-7. Simple assault

(1) (a) A person is guilty of simple assault if he (i) attempts to cause or purposely…causes bodily injury to another; (ii) negligently causes bodily injury with a deadly weapon… or (iii) attempts by physical menace to put another in fear of imminent serious bodily harm; shall be punished by a fine of not more than Five Hundred Dollars ($ 500.00) or by imprisonment for not more than six (6) months, or both.

§ 97-17-85. Trespass; going upon inclosed land of another 

If any person shall go upon the enclosed land of another without his consent, after having been notified by such person …not to do so …or shall remain on such land after a request by such person; shall, upon conviction, be fined not more than Fifty Dollars ($ 50.00).

§ 97-3-7. Simple domestic violence; Aggravated domestic violence 

(3) A person is guilty of simple domestic violence who commits simple assault as described in subsection (1) of this section (see simple assault)  against a current or former spouse … upon conviction, the defendant shall be punished as provided under subsection (1) …a third conviction of simple domestic violence…within five (5) years, the defendant shall be guilty of a felony and sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years.

§ 97-3-7.  Aggravated domestic violence 
(4) A person is guilty of aggravated domestic violence who commits aggravated assault as described in subsection (2) of this section against, or who strangles, or attempts to strangle, a current or former spouse … Upon conviction, the defendant shall be punished by imprisonment in the custody of the Department of Corrections for not less than two (2) years nor more than twenty (20) years… a third conviction of aggravated domestic violence…within five (5) years, the defendant shall be guilty of a felony and sentenced to a term of imprisonment of not less than ten (10) nor more than twenty (20) years.

(2) (a) A person is guilty of aggravated assault if he (i) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life; (ii) attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or (iii) causes any injury to a child who is in the process of boarding or exiting a school bus in the course of a violation of Section 63-3-615; and, upon conviction, he shall be punished by imprisonment in the county jail for not more than one (1) year or in the Penitentiary for not more than twenty (20) years.

Matthew Thompson is a family law attorney that has only been to jail to help his clients get out.  He intends to keep it that way and hopes (advises) that you do too!

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@wmtlawfirm.com.

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Child Custody, Child Support, Divorce, Grandparent Visitation

‘Til Death, Even in Divorce

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There  is an old joke that the only sure things in life are death & taxes.  Even in divorce you still have to worry about death and taxes.

Death:  I have had several pending cases ended by death.  In one instance my client’s spouse died very suddenly of an accident.  It ended a contested divorce and custody case that had been progressing very slowly and not particularly amicably.  While the divorce and custody issues were over, it created new issues with the deceased spouse’s family. Grandparent visitation issues and intestacy issues arose, since the spouse died without a will (intestate).  This made the surviving spouse and children equal beneficiaries.  This was something the deceased’s side of the family was not to keen about.

I was also involved in a case where the non-custodial parent got custody of the children when the custodial parent died after the case was “over.”  They had been divorced for a few years.  But upon the custodial parent’s death the children when back to the surviving parent.

Death does not end the issues you have with the other parent or former spouse.  I know a lot of divorcing spouses may think it will solve all of their problems if that so-and-so would just die, but it could leave your children without their other parent.  It can create issues with the former in-laws, who now may be pursuing their rights of grandparent visitation.  It can create financial uncertainty as support obligations end at death, usually, and there might not be insurance or enough insurance.

Be careful what you wish for…

Matthew Thompson is a family law attorney that hopes your case is not prolonged or shortened due to the death of your attorney.  (Taxes will be the subject of another riveting post).

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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