Category Archives: divorce

divorce, Marriage

4 of the “Biggest” Grounds for Divorce; And the rest of the FAULT grounds too…

7 Comments

Approximately half of all marriages end in divorce.

Stuart Miles /freedigitalphotos.net

In Mississippi, parties are limited to the reasons that they can get a divorce based on FAULT.  Mississippi Code § 93-5-1 lists the Causes for Divorce, and below they are listed in order as most often plead; 

#1.  Habitual cruel and inhuman treatment.

#2.  Adultery, unless it should appear that it was committed by collusion of the parties for the purpose of procuring a divorce, or unless the parties cohabited after knowledge by complainant of the adultery.

#3.  Habitual drunkenness.
 
#4.  Habitual and excessive use of opium, morphine or other like Drug(s).

Lesser plead, but still valid Grounds for Divorce include;
 
#5.  Desertion, Willful, continued and obstinate  for the space of one (1) year.

#6.  Sentenced to any Penitentiary, and not pardoned before being sent there.
 
#7.  Having Mental Illness or an intellectual disability at the time of marriage, if the party complaining did not know of that infirmity.
 
#8.  Bigamy, Marriage to some other person at the time of the pretended marriage between the parties.
 
#9.  Pregnancy of the wife by another person at the time of the marriage, if the husband did not know of the pregnancy.
 
#10.  Incest, Either party may have a divorce if they are related to each other within the degrees of kindred between whom marriage is prohibited by law.
 
#11.  Incurable mental illness. However, no divorce shall be granted upon this ground unless the party with mental illness has been under regular treatment for mental illness, confined in an institution for a period of at least three (3) years immediately preceding the commencement of the action.

#12.  Natural impotency.

Matthew Thompson is a family law attorney and knows a thing or two about fault grounds for divorce in Mississippi.

Follow the blog: BowTieLawyer 

img_6390

divorce, Pets

Footballs and Dogs; Almost anything can be negotiated in your divorce…

Leave a comment

With High School and College Football in full action it reminded me of some of the lighter, or at least non-traditional, custody battles that I have been involved in.

Season Football Tickets– I was involved in a case where the parties were arguing over who got the season football tickets.

The tickets were secured by one party who had been getting them for years, but were paid for by the other party, so both felt they had a legitimate claim. Additionally, both genuinely wanted the tickets. It was not posturing by the wife to get a better deal or more support. The solution was joint custody.

Each picked certain games that they would attend each year and on the games that both wanted to attend they agreed to alternate even years and odd years.  Another interesting aside was that there were 2 tickets for each game.  Who the guest would be was also an issue. Neither wanted the other to be able to take a bf/gf. The compromise was that the other ticket would be used by a family member or a minor friend of the children. (Minor meaning under 21, not just small).  The custody of the tickets was one of the last issues to get resolved. It really did matter.

Dogs– In a similar vein, I have handled several cases involving pets.  Pets, under Mississippi law are considered personal property (like an item or thing), however the parties are free to treat pets as members of the family should they so elect, and many do.

The parties ultimately agreed on a week-on, week-off custody arrangement for the dog to be with each “parent.” The agreement also addressed the expenses associated with the dog, including food, care and vet bills. Don’t forget those items!

Almost anything can be negotiated.

Matthew Thompson is a Family Law Attorney in Mississippi and reminds you not to forget about those season football tickets and pets in your divorce agreement.

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

Bow Tie, divorce

We’re Moving. TLF is relocating and expanding…

3 Comments

The bow tie is getting bigger!

Thompson Law Firm, pllc, is moving. Our new office will be located in Ridgeland, Mississippi in the Avignon Office Park. The physical address will be; 
Thompson Law Firm, pllc

745 Avignon Drive, Ste. D

Ridgeland, MS 39157

That’s “D” as in divorce.

TLF will be adding additional space, offices, and staff. The new office is conveniently located near the Natchez Trace exit in Ridgeland off of I-55, close to the west end of Spillway Rd., and just one block west of the Old Canton Rd./Lake Harbor intersection. It’s across from Primo’s on Lake Harbor, and just east.

The new space and amenities will allow TLF to better serve and respond to current, former and new clients. TLF has signage on Lake Harbor and in the front of the new building. We will be in the new office full-time in mid-September 2015. Of course the phone numbers and emails will remain the same.

Matthew Thompson is a Family Law Attorney in Mississippi and is excited about the new digs! Stop by and say “hello.”

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

Crime, divorce

Domestic Violence; The Lethality Index.

Leave a comment

Unfortunately Domestic Violence happens. The ones that “love” us the most hurt us the most.

Domestic Violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner.  Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.  http://www.justice.gov/ovw/domestic-violence

Domestic Violence can be deadly. Below is what is commonly referred to as the “Lethality Index.“

The numbers below in parenthesis indicate the factor by which a domestic violence victim’s risk of homicide is increased relative to other domestic violence victims. For example, if the abuser has used or threatened to use weapons, the victim’s risk of domestic violence homicide is 20.2 times that of the average domestic violence victim.

The Top Five Risk Factors

The numbers in parenthesis indicate the factor by which a domestic violence victim’s risk of homicide is increased relative to other domestic violence victims.

  1. Has the abuser ever used, or threatened to use, a gun, knife, or other weapon against victim? (20.2x )

  2. Ever threatened to kill or injure victim? (14.9x) Document complete and accurate quotes of the threats

  3. Ever tried to strangle (choke) the victim? (9.9x)

  4. Is abuser violently or constantly jealous? (9.2x )

  5. Has abuser ever forced victim to have sex? (7.6x )

The US Dept. of Justice has compiled a number of studies into a “lethality assessment list” of 17 risk factors for domestic violence homicide. (The full lethality risk scale can be found at www.ncjrs.org/pdffiles1/jr000250e.pdf)

 Have an exit strategy.

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

black-bow

divorce, General Legal, Opinion

Don’ t Pull Tricks

Leave a comment

Lawyers have a bad reputation. Some deservedly so.

But a good rule of thumb is to not pull tricks.

I was representing a client when they called in a panic around noon during the week. The alarm was going off at the house.  I told them to call the police and go check on the house.

The police responded and cleared the home. Upon inspection, my client discovered the back door was kicked in, the phone lines cut and just about everything that could be moved was, including the dishwasher.

The client called me asking if she should report a robbery.  So, dear reader, you are wondering why is this client calling me? Well, just a few days prior the client’s spouse was served with a complaint for divorce and a request for temporary relief. I informed my client that she had in fact not been “robbed,” but that her husband had hired a local attorney. She asked me if that attorney had called or filed something. No. I could tell by her spouse’s actions who he had hired.

It was discouraging and disheartening, but alas, apparently not illegal.  However, we had a temporary hearing soon thereafter and everything taken that should not have been had to be returned and the damages caused and expenses related to his conduct were reimbursed. It gave no tactical advantage and made the other client and opposing lawyer look like jerks in front of the judge.

Similarly, clients have the option of pulling tricks. Misrepresenting the facts, creating circumstances that make the other party look bad and knowing the other’s dirt may allow for a temporary advantage that could backfire. Also, if you know it’s bad advice, you don’t have to take it.

Matthew Thompson is a Family Law attorney and strives to give good advice and not pull dirty tricks.

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.

black-bow

Crime, divorce, General Legal, Opinion

The Fallout Continues…and there is more to come. Ashley Madison won’t Stop.

Leave a comment

One more post on Ashley Madison and then I am taking a break from the subject.

You can read about the Ashley Madison hack here and what it means and doesn’t mean here.

What is still developing are the ramifications from the hack and the disclosure of private information.

It’s been reported that there have been suicides due to person’s private information being leaked. There have been public admissions of using the site and being the “biggest hypocrite ever.” There have been public denials that the person listed did not create the account or use the account, well maybe they did create it, but it was for curiosity’s sake only. There have also been outright denials of accessing the site and that an impostor created the account.  This did happen, by the way.

There is actually a law in Mississippi which makes it illegal to impersonate another real person online with the intent to threaten, harm, intimidate or defraud another.  The fake accounts may well be actionable if it impersonated a real person.

The other concerning part is that the Impact Team, the hackers responsible for the leak, have indicated they have the content of private messages and pictures shared through the site. There may be more fallout to come.

Matthew Thompson is a Divorce Lawyer in Mississippi and warns you that this story has “legs” and other body parts too!

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

 

Crime, divorce, General Legal, Opinion

AshleyMadison; The Naked Truth.

1 Comment

The List has been leaked. The names have been scoured. More than a few were familiar to you…

AshleyMadison is all the talk, but your name being on the list is not a conviction, at least not yet. It does not even mean you used it.

The site is supposedly anonymous. Meaning anyone could enter a User Name (not their real name), use a Prepaid Gift Card and a dummy (or generic) email address. Reports indicate some did just that. However, some most certainly did not.

Also, just because you were on the list did not mean you had an affair. It means that perhaps you wanted to, intended to, or wanted to have some chat time with a fictional woman.  The man to woman ratio makes it highly unlikely that those users of the site were “successful.”

It also means that some of those listed in all likelihood had affairs and spent money doing so.  In some instances, it’s being reported, thousands of dollars were spent. This is trouble for several reasons. 1) It is circumstantial evidence of an affair, certainly inclination (or infatuation), and 2) spending money on a girlfriend, or boyfriend, is Marital Waste.

It is at best just embarrassing and at worst indicative of family problems in the past and probably some more to come.

Matthew Thompson is a Family Law Attorney in Mississippi and recommends that if you are on the list it’s time to make that call.

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

Crime, divorce, Opinion

Hillary Clinton is Right About One Thing.

3 Comments

You’ve got Mail. No you don’t…

Hillary Clinton is always in the news. Lately, it is not for anything positive. Clinton is battling accusations of improperly using a private email server and email for she and her staff AND using same for sending and receiving classified information.

Clinton knew it was improper and took extraordinary steps to wipe as much of the proof of this as she could. Clinton”wiped her server clean” and permanently deleted all e-mails from the personal server. 

Doing this is bad advice if you are Secretary of State, subject to pending litigation, or are aware of a Subpoena Duces Tecum requesting said information.

However, it is great advice if you are a lying cheater. Deleting emails, wiping a server is just smart if there is incriminating evidence in said emails and on said server. In fact, it’s dumb to not delete and wipe. It sets yourself up to be held accountable for your actions. It could prove that you have lied under oath. It could lead to all types of legal ramifications, monetary penalties and potentially cost you your freedom.

This week alone we have learned that one should destroy their cell phone, a la Tom Brady, NOT have an account with AshleyMadison (or, if you do, have a fake account) and one should have a private email server, and when convenient delete those emails and wipe the server!

Matthew Thompson is a Family Law Attorney in Mississippi and is advising his clients if you are contemplating any of the above that your first visit should be to a good Criminal Defense Attorney and the next visit should be to your Priest.

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