Category Archives: divorce

Appeal, divorce, Marriage

Mississippi Same-Sex Marriage Ban Struck Down

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“Down goes Frazier!” – Or rather Mississippi’s ban on same-sex marriage.

On Tuesday, Federal District Court Judge Carlton Reeves did two things simultaneously; 1) He struck down Mississippi’s Constitutional ban on same-sex marriage paving the way for same-sex couples to finally marry in Mississippi…,but not so fast. 2) Judge Reeves also issued a stay for two weeks to allow the State of Mississippi time to appeal the ruling to the 5th Circuit Court of Appeals.

This means the MS Constitutional ban is no longer valid, however enforcement, or rather same-sex marriage, is put on “hold” in this State pending the 5th Circuit ruling.  So more of the same for now.

The 5th Circuit has arguments set for early January regarding cases out of Texas and Louisiana over same-sex marriage prohibitions.  The 5th Circuit’s eventual ruling will apply to Texas, Louisiana and Mississippi.

Stay tuned.  New developments will be blogged as they occur.  The next round will likely be in a few months.

Matthew Thompson is a Mississippi Family Law Attorney, Adjunct Professor of Law in Family Law and is closely following these pending cases and the impact they will have on marriage in Mississippi.

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

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Child Custody, Child Support, divorce, Grandparent Visitation, Irreconcilable differences, Modifications, Visitation

DONATE NOW to the MVLP; Helping Low-Income Mississippians attain Lawyers

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Low-income Mississippian’s have a definite need for legal services and lawyers and the Mississippi Volunteer Lawyers Project is working to make sure those Mississippian’s get the help they deserve.  MVLP needs your help too.

MVLP

Click Here to DONATE Now.

Q: What is the MVLP?
The Mississippi Volunteer Lawyers Project, or “MVLP,” is a 501(c) (3) non-profit legal aid organization.

Q: What is the Mission of MVLP?
MVLP enables volunteer attorneys to provide equal access to justice for Mississippians of low-income and limited means through high quality pro bono legal assistance.

Q: What types of cases does MVLP handle?

  • Divorce
  • Child support contempt, child support modification,  and visitation.
  • Emancipation
  • Simple wills 
  • Adoption, guardianship, and conservatorships
  • Name change, birth certificate correction,
  • MVLP hosts legal clinics throughout Mississippi which are staffed by local volunteer attorneys and law students.

Q: How does MVLP work?
Qualified clients are matched with volunteer attorneys who will represent him/her on behalf of MVLP. MVLP staff periodically review the client’s case to ensure that the match is successful, to assess the progress of the case, and to record pro bono hours contributed by the volunteer attorney.

Q: How is MVLP funded?
MVLP receives funding from the Civil Legal Assistance Fund, the Mississippi Bar Foundation, Legal Services Corporation, special events and seminars, donations from law firms, other business and individuals like you. Over the past several years, MVLP’s funding from the Mississippi Bar Foundation and the Legal Services Corporation, in particular, has been substantially reduced because of the country’s current economic situation. MVLP anticipates additional cuts from both sources in 2015, making this year’s fundraising campaign especially critical.

Q: How will My Donation be used?
Annual campaign donations will help MVLP to do the following:
• Recruit more volunteer attorneys to provide much-needed legal services to the poor;
• Increase the number of legal clinics and public awareness workshops offered throughout Mississippi;
• Increase the number of training sessions to volunteers on the types of matters handled by MVLP;
• Provide financial support to clients who cannot afford filing fees and other court costs; and
• Allow the organization to actively engage in short- and long-term, strategic planning with a focus on ways to expand its capacity to reach more individuals in need.

Q: What are the fundraising levels?
Benefactor $10000
Sustainer $5000
Partner $2500
Advocate $1000
Patron $500
Friend of MVLP $250

Or any amount.

Q: How can I Donate?
A: Donate online through PayPal at www.mvlp.org/donate.

Mail your donation to MVLP at PO Box 1503, Jackson, MS 39215 or

Call MVLP at 601-960-9577 and a MVLP volunteer can pick up your donation.

Please make a Donation Now!

Matthew Thompson is a Mississippi Family Law Attorney, Board Member for the MVLP, a volunteer attorney for MVLP and has made his donation for the 2014 campaign and challenges you to help as you are able to this worthy cause.  

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

Child Custody, Child Support, divorce, General Legal, Marriage

Mississippi: Same-Sex Marriage and the Rational Basis Argument

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Any minute Mississippi will be in the national spotlight.

At issue are two pending Federal Court cases attempting to strike down the ban on Mississippi’s Constitutional restriction against same-sex marriage, and a state law prohibiting same-sex adoption.  The arguments have been made and the matters are in the “bosom of the Court.”

The question that the Court is deciding is whether there is a “Rational Basis” for the State (Governmental entity) to restrict the rights of citizens eligible for marriage to one another.

The Rational Basis review tests whether a governmental action is a reasonable means to an end that may be legitimately pursued by the government. This test requires that the governmental action be “rationally related” to a “legitimate” government interest. Under this standard of review, the “legitimate interest” does not have to be the government’s actual interest. Rather, if the court can merely hypothesize a “legitimate” interest served by the challenged action, it will withstand the rational basis review.

During the arguments the Judge asked what is the State’s rational basis in preventing these persons from marrying and adopting.  The State’s response was “responsible procreation.”  Based on that response the Court’s ultimate task is to determine 1) is “responsible procreation” something the State has a legitimate interest in, and 2) are the State imposed restrictions rationally related to that goal.

A ruling should come swiftly and the early indications, based on the Judge’s questions and the reception of the arguments presented, are that Mississippi will be the next State to recognize and allow same-sex marriage.

Matthew Thompson is a Mississippi Family Law Attorney, Adjunct Professor of Law -Domestic Relations and is closely following these pending cases and the impact they will have on Mississippi Family Law.

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

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Child Custody, Child Support, divorce, General Legal, Modifications, Opinion, Visitation

Court is Unpredictable.

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Court. The true final frontier.

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Court is where disputes that otherwise cannot get resolved get resolved. However, Court does not always go as planned. Witnesses freeze up and forget details that matter. Your client talks too much and argues with the other side. Or, your client cries uncontrollably and is hard to understand while testifying. The other party has spontaneous amnesia. The Judge has other cases and the other attorney has an emergency in the next Courtroom.

Even the best laid plans go awry. Court starts late and finishes early, for the day. Court runs long. Court is not fun and a “win” is hard to come by.

Avoid it if you can. Prepare like you can’t.

Matthew Thompson is a Mississippi Family Attorney.

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

Child Custody, divorce, General Legal, Marriage

Mississippi & Same Sex Marriage; The End or the Beginning?

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Think about this question posed by Federal Court Judge, Carlton Reeves, yesterday:

“What is the state’s rational basis that same-sex couples can’t marry … and its prohibition of same-sex couples from adopting children when all a child wants is to be loved, and they don’t care by whom?”

At least two instances of persons challenging Mississippi’s ban on same-sex marriage and adoption are now pending before the Federal District Court. A number of Federal Circuit Courts have struck down similar state bans and the trend is growing.

The response to the Judge’s inquiry was “responsible procreation.”  However the days of “having” to be married to procreate have gone out the window. Additionally, it has no bearing on infertile couples, elderly couples or even prisoners, all of whom still have the legal right to marry so long as it is a person of the opposite gender.

Mississippi’s ban, I predict, is the next to be struck down. There’s not a rational basis for gender discrimination when it comes to marriage.  There are arguments on a religious basis and tradition, but neither of these arguments will carry the day, nor will responsible procreation. These cases and the Mississippi law really turn on same-gender arguments and whether there is a rational basis, the legal standard required, to place limitations on the rights of same-gender couples as opposed to purely sexual orientation arguments. Stay tuned.

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Matthew Thompson is a Mississippi Family Law attorney, Adjunct Professor of Domestic relations, admitted to practice before the U.S. Supreme Court (pictured above) and predicting a change in Mississippi law very soon.

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

Child Custody, Crime, divorce

How to Leave a Bad Situation.

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It’s all to common that I encounter someone in an abusive relationship.  The getting out is the hard part.

divorce

It’s usually best to prepare to leave. If possible;

  • Make sure the Children are safe.
  • See a Lawyer.
  • Have some cash.
  • Get valuables, papers and irreplaceables.
  • Get out.

Sometimes it’s not possible to prepare.

  • Get Children
  • Get Out
  • Call the Police
  • IN this Order.

Domestic Violence is real, knows no class boundaries and happens.

Don’t accept it.

Matthew Thompson is a Chancery Court Attorney in Mississippi and advises victims of Domestic Violence to seek protection and press charges.

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.

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Child Custody, Child Support, divorce, General Legal, Marriage

Here Comes the Judge; Election Results

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Mississippians elected some new Judges and re-hired some familiar ones.  Of the contested elections here’s what we have so far.

Winners in Bold.

Chancery Court, District 11, Place 1 (Madison, Yazoo and Holmes)

This is a new Judge as Judge Goree is retiring.

Chancery Court, District 8, Place 2 (The Coast)

Chancery Court, District 8, Place 3 (The Coast)

Chancery Court, District 13, Place 1 (Covington, Jefferson Davis, Lawrence, Simpson & Smith)

This race was interesting as the incumbent, Shoemake, ran and won against Buffington in the last election – who was the Judge prior to Shoemake. Buffington sought to be re-hired, Shoemake held the seat.

Chancery Court, District 13, Place 2 (Covington, Jefferson Davis, Lawrence, Simpson & Smith)

Heading for a run-off between Martin and Burnham. This seat was vacated by Joe Dale Walker for Judicial misconduct.

Chancery Court, District 16, Place 1 (The Coast)

Too close to call and are still counting affidavit ballots.

Chancery Court, District 16, Place 3 (The Coast)

Fondren will be a new Chancery Judge and this race was interesting as the outgoing Judge, Chuck Bordis, withdrew from the race. There was gossip of soap opera issues between Bordis and Fondren.  Interestingly, its exactly the type of matters Chancery Judge’s hear. Nothing better than real-life experience for preparation for the job.

Chancery Court, District 18, Place 1 (Benton, Calhoun, Lafayette, Marshall & Tippah)

Chancery Court, District 18, Place 2 (Benton, Calhoun, Lafayette, Marshall & Tippah)

Matthew Thompson is a Chancery Court Attorney in Mississippi and will continue to update the Family Law Judicial elections that effect you.

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.

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Contested Elections; Judicial Races for November 4, 2014

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Chancery Court Judges a.k.a. “Divorce Judges” are elected in Mississippi. Today is the day for the election of those in contested judicial races.

These are the Contested Races;

Chancery Court, District 8, Place 2 (The Coast)

Chancery Court, District 8, Place 3 (The Coast)

Chancery Court, District 11, Place 1 (Madison, Yazoo and Holmes)

Chancery Court, District 13, Place 1 (Covington, Jefferson Davis, Lawrence, Simpson & Smith)

Chancery Court, District 13, Place 2 (Covington, Jefferson Davis, Lawrence, Simpson & Smith)

Chancery Court, District 16, Place 1 (The Coast)

Chancery Court, District 16, Place 3 (The Coast)

Chancery Court, District 18, Place 1 (Benton, Calhoun, Lafayette, Marshall & Tippah)

Chancery Court, District 18, Place 2 (Benton, Calhoun, Lafayette, Marshall & Tippah)

http://judgepedia.org/Mississippi_judicial_elections,_2014

These are the Unopposed Candidates;

8th Chancery District Carter Bise
7th Chancery District Catherine Farris-Carter
11th Chancery District Cynthia L. Brewer
6th Chancery District D. Joseph Kilgore
20th Chancery District Dan Fairly
10th Chancery District Dawn H. Beam
4th Chancery Court Debbra K. Halford
10th Chancery District Deborah J. Gambrell
5th Chancery District Denise Owens
14th Chancery District Dorothy W. Colom
17th Chancery District E. Vincent Davis
15th Chancery District Edward E. Patten, Jr.
6th Chancery District Edward Fenwick
19th Chancery District Franklin C. McKenzie, Jr.
17th Chancery District George Ward
2nd Chancery District H. David Clark, II
5th Chancery District J. Dewayne Thomas
1st Chancery District Jacqueline Mask
9th Chancery District Jane R. Weathersby
16th Chancery District Jaye A. Bradley
12th Chancery District Jerry G. Mason
14th Chancery District Jim Davidson
8th Chancery District Jim Persons
1st Chancery District John A. Hatcher
20th Chancery District John Grant
10th Chancery District Johnny Lee Williams
7th Chancery District Jon M. Barnwell
14th Chancery District Kenneth M. Burns
12th Chancery District Lawrence Primeaux
9th Chancery District Marie Wilson
1st Chancery District Michael Malski
3rd Chancery District Mitchell M. Lundy, Jr.
5th Chancery District Patricia D. Wise
3rd Chancery District Percy L. Lynchard, Jr.
10th Chancery District Ronald Doleac
3rd Chancery District Vicki B. Cobb
9th Chancery District Vicki Barnes
7th Chancery District W.M. Sanders
5th Chancery District William H. Singletary

http://judgepedia.org/Mississippi_judicial_elections,_2014

Matthew Thompson is a Divorce Attorney in Mississippi and encourages you to Vote!

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.

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