Category Archives: divorce

Crime, divorce, General Legal

Divorce Court vs. Criminal Court

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Sometimes divorcing parties act like criminals, but Divorce Court is NOT Criminal Court (typically).

Divorce court, a.k.a. Chancery Court, is a civil court. The Court’s function is to legally divorce parties that are entitled to be divorced and divide property. The Court has the authority to deal with and punish conduct that is violative of its Orders or disruptive conduct that occurs directly in its presence. Other than those instances it is not a punitive Court. You typically are not punished for marital fault…

Criminal court, which can be Circuit, County, Municipal, or Justice, among others, can punish. These Courts have prosecutors whose job is to prove the accused committed a crime/violated a law. The Judge or a jury determines if the matter was proven and a punishment, including; incarceration, fines, and other remedies.

However, sometimes these can relate or overlap. Conduct that could serve as grounds for divorce, such as domestic violence, is also a crime. The Court’s are independent of one another and you can be punished in Criminal Court and divorced in Chancery Court over the same facts.

Interestingly, your right to plead the fifth, invoking the Fifth Amendment to the Constitution can be done in both Courts. While it cannot be used against you in Criminal Court, it can be used to make an adverse inference in Chancery Court. So, if you are accused of adultery/habitual fornication in Criminal Court, which IS a crime in Mississippi, you may invoke the fifth and the prosecutor must prove a violation of the law by beyond a reasonable doubt, however in Divorce Court, while you may invoke the fifth, the Court can treat that as an adverse inference/admission and could find such to be enough to rise to clear and convincing evidence of adultery. Confused yet?

Divorce Court and Criminal Court are different animals, with different standards and different outcomes. However, all are serious and your rights may be infringed if the Court determines they should be.

Matthew Thompson is a Divorce Court lawyer and encourages those charged with a crime to confer with an experienced Criminal Defense attorney.

divorce, General Legal, Irreconcilable differences

60 Days = Divorce?

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Sixty days and you are divorced is NOT the law in Mississippi.

§ 93-5-2 – Divorce on ground of irreconcilable differences

“(4) Complaints for divorce on the ground of irreconcilable differences must have been on file for sixty (60) days before being heard... the provisions of Section 93-5-17 to the contrary notwithstanding.”

60 days is NOT a deadline. It is a minimum, mandatory waiting period. It provides sufficient time for a cooling-off period and typically sufficient time to do all of the things necessary to complete the paperwork required in an Irreconcilable Differences divorce.

You are NOT automatically divorced on day 60 or 61. It means that AFTER 60 days the completed paperwork may be presented to the Chancellor for their review and approval.

Additionally, all of the paperwork does NOT have to be completed before you file and the Court will keep the file open for at least 12 months with no additional activity. This means at any point after the initial filing and 60 days, a divorce may be presented and finalized.

Matthew Thompson is a “No Fault” divorce attorney in Mississippi.

divorce, General Legal, Opinion

MS Bar Exam: 3 strikes and back to law school

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The Mississippi Supreme Court just enacted a new rule, effective 2020, for hopeful attorneys-to-be.

Matthew Thompson was interviewed by WLBT while attending Scout Camp regarding the new MS Bar Exam Rule change. It’s hard to take a good picture of a video…

There is now a rule regarding the number of times you may take the bar exam unsuccessfully before remedial education is mandatory. Upon 3 unsuccessful attempts, a test-taker must attend 12 additional hours of law school before sitting for the bar exam again.

Previously there was no set limit. Two Supreme Court Justices disagreed with the rule change, but not because it was too tough. One justice was in favor of a 3-strikes your’re out and another supported 5-strikes and you’re out.

There have been mixed responses to this rule change and the above link features area attorney’s reactions, including your truly.

Matthew Thompson is a Family Law attorney in Mississippi, passed the bar exam on his first attempt and if all goes to plan will not have to take another bar exam – – ever…

divorce, General Legal, humor, Opinion

How to set yourself apart…

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Lawyer advertising can still have a stigma attached to it. It’s a throw back to the “good ‘ol days,” I guess.

However, we all advertise, or market, in some way. The bow tie is a marketing tool. Well, today my friend Graham Carner gave me his “card.” It’s a poker chip. It says his practice areas, website and phone number. It’s also the first time I’ve seen a chip/card.

Kudos to Graham. Perhaps the bow tie bottle openers are not as far-fetched as I’ve been told!

Matthew Thompson is a family law attorney in Mississippi and is typically the only lawyer under 70 in a bow tie.

Child Custody, Child Support, divorce, Opinion, Visitation

Best Parenting Advice; Be Consistent and Be Positive

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No, this isn’t a Tony Robbins webinar.

This advice comes from years of custody disputes, multiple counselors, being a parent and seeing a lot of what-not-to-do.

#1 Be Consistent

Be there. Show up when you are supposed to. Be there when you can in addition to when you are supposed to. Be supportive mentally, emotionally, financially. Be calm. Be steady. Be there.

#1A Be Positive.

Be a good example. Be a positive role model. Say nice things about your child. Say nice things about the other parent. Be reassuring. Be encouraging. Be loving. Be affectionate.

That’s it. Do those things. You’ll win at parenting.

Matthew Thompson is a child custody attorney in Mississippi and encourages all parents to be consistent and be positive, even you.

(601)850-8000 Matthew@bowtielawyer.ms

Child Custody, divorce, General Legal, Visitation

School records, grades and cooperation…

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If you’re a parent you are entitled to your child’s school record, grades and information.

This is true regardless of the type of custody or visitation you have. This is true regardless of whether the other parent gives it to you or not. You are entitled to it by law in Mississippi. MCA 93-5-26

So, how do you get it?

  • Ask the other parent.
  • Ask the teacher.
  • Ask the guidance counselor.
  • Ask the principal.
  • Ask the guardian ad litem.
  • Formally request it in writing.
  • Have your lawyer request it.
  • and if all else fails
  • Issue a Subpoena.

Be nice, be professional, but be assertive.

The few exceptions to this are if your parental rights have been terminated and/or the child has been adopted or if there is a Court Order preventing you access.

Matthew Thompson is a Child custody lawyer in Mississippi and encourages you to be involved in your child’s schooling.

Matthew@bowtielawyer.ms (601)850-8000

divorce, General Legal

An Apple a Day…

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“An apple a day keeps the Doctor away,” may be getting replaced with an “Apple today keeps the Divorce attorney away!”

Your iPhone is NOT great at keeping secrets. All calls, texts and emails are trackable, if not recoverable. It links to the Cloud and backs up your photographs, even the ones you delete. It knows what apps you have downloaded, it knows when you are sleeping, it knows when you’re awake, it knows when you’ve been good or bad…

So, what can you do? You can upgrade your device. If there is no case pending, no request to preserve evidence, no issued subpoena or a discovery request, you can get rid of it.

What did Tom Brady do? He got rid of it.

What did Hillary Clinton do? She got rid of it.

What did Nevada Barr do? She “took a cold chisel and a hatchet; I tore it apart; I then took all of the pieces that were inside of it and I put them in the metal box; I burned it by pouring gasoline over it, and I shoveled it into a plastic bag and I dumped it in a bayou.”

Matthew Thompson is a Family Law attorney in Mississippi and does NOT advise the spoliation of evidence, obstruction of justice or Russian collusion, but you can upgrade your cell phone or laptop.

Crime, divorce, humor

Man Robs Bank Hoping to Get Sent to Prison to Escape Wife, Sentenced to House Arrest.

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Kansas City, Kansas. John Ripple walked into a bank and handed the teller a note demanding cash and stating he had a gun. The teller handed over $2,924.00. Ripple then sat in the lobby for police to arrive.

Ripple surrendered. Upon his arrest, he told investigators that he wrote the note in front of his wife, telling her he’d rather be in in jail than live with her.

Prior to sentencing, Ripple sought leniency as he was facing up to 37 months in prison. Ripple cited his recent heart surgery and depression, causing him to not “be himself.” Interestingly, the bank vice president and teller also supported a lesser sentence.

In a twist of fate, the Court sentenced Ripple to 6-months of home confinement. Sentencing him to the fate he was seeking to escape. There has been no update as to whether he was seeking post-conviction relief for cruel and unusual punishment, being forced to live with your spouse.

Matthew Thompson is a divorce attorney in Mississippi and reminds you there are easier ways than robbing a bank to get divorced.

http://www.BowTieLawyer.ms (601)850-8000