Category Archives: General Legal

Where to Get a Divorce…When you Cannot Get a Divorce in Mississippi.

04/26/2018 BowTieLawyer 1 Comment

It could be IMPOSSIBLE to get a divorce in Mississippi!

Mississippi is one of two States that requires either an Agreement to all issues to get a divorce or absent that complete agreement, requires corroborated proof of fault grounds against your spouse.

So, if your spouse does not agree for any reasons you must have fault grounds. However, all is not lost. Lots of conduct, bad conduct, could be considered fault grounds…

Additionally, you can leave the state. While not always a great option it can work and in a few circumstances, Mississippi law would “require” it if you had to have a divorce.

48 other states essentially provide if you want a divorce you can get a divorce, but they also have certain jurisdictional/residency requirements to be able to seek relief from those Courts.

Mississippi requires you be a resident for 6 months, with the intent to remain and you may not move here for the purpose of seeking a divorce, not that any sane person would.

Washington State: No minimum in-state residency requirement.
Wyoming: None if the marriage occurred in the state and the filing spouse has lived in Wyoming since the marriage date. Otherwise, 60 days.

Nevada: 45 days
Spouse filing for divorce must plan to live in state indefinitely.
Must file sworn affidavit from a Nevada resident having personal knowledge of the filing spouse meeting the minimum residency requirement.

Alabama: No in-state minimum if both spouses live in state. 180 days if only one spouse lives in state.

I have included other states for informational purposes only. I am only licensed in Mississippi and cannot give advice regarding other state laws. The link provided was found on the internet! Caveat emptor!

Matthew Thompson is a family law attorney in Mississippi and supports a “walking around sense” change to Mississippi law.

Appeal, Crime, Divorce, General Legal, Opinion

How to Pick a Candidate…

04/18/2018 BowTieLawyer Leave a comment

It’s election season. Candidates are coming out of the woodwork for senate, congress, and judicial seats. Here’s a primer on picking a candidate.

Do they have Experience?
- This does not mean that they must have served in the position being sought, but does their work experience, life experience, education and training lend itself to the seat?
Are they Competent?
- Experience is good, but it needs to be good experience. We all know that person that received opportunities because of connections, or who their uncle knew. Merely having experience may not be enough if you are merely a figurehead or placeholder.
- The candidate should know what the position requires and should possess the needed traits to fill the spot.
Do they meet the Requirements?
- For may positions there is age, residency and education requirements. It is fair to inquire if the bare minimums are met.
Why are they Running?
- Is it for prestige or ego? Is it because they can make a difference.
- Ask the candidate, ” Why are you Running?”
Are they a Good Person?
- You can have plenty of experience, meet the requirements, be competent and still not be the best candidate. There is an intangible, hard to measure judgment of candidates. This is about their honesty, integrity and is the person they portray really the person that they are?

These are just some of the criteria that should be considered when choosing a candidate. We all have an obligation to meet the candidates, engage the process, ask questions and care. These elections impact our lives whether we realize it or not.

Matthew Thompson is a family law attorney and is excited about the campaign season and if all else fails you can still “eeny, meeny, miney, moe” to pick your slate.

Child Custody, Divorce, General Legal, Opinion

Don’t Put Private Info on FaceBook

03/26/2018 BowTieLawyer Leave a comment

Your information is not safe, protected or private.

Regardless of your settings on FaceBook, someone has access to it. I’ve posted numerous times about what NOT to put on FaceBook and warned against oversharing. Now, it turns out that much of our data has been mined, sold and then used to trick us into believing things we saw on FaceBook. It allowed Russians to infiltrate the American Dream, somehow. It likely is still occurring.

There’s even a trend of deleting FaceBook going around, or at least threats of deleting it. However, a lesser position is to just to continue posting pics of your dinners, dog and artistic black and white shots of inanimate objects. Doing this will not allow the Russians to gain the upper hand.

Matthew Thompson is a Family Law attorney in Mississippi and reminds you, Blizok lokotok, da ne ukusish!

Child Custody, Divorce, General Legal

Hinds Chancery Judge Race

03/05/2018 BowTieLawyer 1 Comment

Hinds County has four full-time Family Law Judges. The qualifying deadline is May for those persons seeking to become the next Chancellor. Qualifiers, so far, include;

Dewayne Thomas Chancery Court Judge 5 Sub 5-1

Judge Thomas is a shoe-in to win. Not only because he is unopposed currently, though that helps, but also because he has a reputation for fair rulings, a good judicial temperament and willingness to listen.

Subdistrict 2 is the race to watch right now.(primarily because it is the only contested race).

Patricia Wise Chancery Court Judge 5 Sub 5-2

Judge Wise is the incumbent. She has served as a Chancellor since being elected in 1989. Judge Wise has reputation for being tough and insisting that attorneys and litigants respect the Court and follow the required procedures. The rumor was Judge Wise considered retirement, but she has qualified and is seeking another four years.

Reginald Harrion Chancery Court Judge 5 Sub 5-2

Reginald Harrion is challenging Judge Wise for the District 2 seat. Harrion, an associate with Schwartz & Associates, P.A., is admitted to practice in Mississippi, Arizona and Georgia. He has been practicing for nearly 20 years.

Denise Owens Chancery Court Judge 5 Sub 5-3

Judge Owens is the Senior Chancellor, meaning she has been the longest-serving Chancellor of the current Judges. Rumors swirled about Judge Owens possibly retiring as well. However, Judge Owens qualified to run again. Judge Owens has a good reputation and is known for thoughtful, fair rulings.

Steven P. Nixon Chancery Court Judge 5 Sub 5-4

Subdistrict 4 will be lead by a new Chancellor in 2019, with the retirement of Judge Singletary. So far, only one candidate has qualified for this seat, Steven Nixon. Nixon has been in private practice since 2004 and has also served as Municipal Court Judge in Clinton. Nixon has a good reputation as an attorney and will make a good jurist.

The rumor-mill has at least another attorney qualifying for this seat, but has not as of the time of this posting.

Matthew Thompson is a Family Law Attorney in Mississippi and limits his practice to almost exclusively Chancery Court in the State.

Child Custody, Child Support, Divorce, General Legal, Opinion, Property Division, Visitation

When an “Agreement” is Not an Agreement.

02/21/2018 BowTieLawyer Leave a comment

Let’s agree to disagree.

Parties in a lawsuit have a lot of latitude to agree to settlement terms. This is certainly true in divorce. Virtually everything is negotiable and if an agreement can be reached, usually it will be approved by the Court.

However, to be an enforceable agreement it must be approved by the Court. Until such time as your agreement is reduced to writing, signed and approved by the Court, it is on iffy ground as to enforceability issues. While some issues may be contracted without Court approval in a family law case, such as property division and alimony, some issues can not be enforced absent Court approval, such as child custody related terms.

Likewise, “changing” your Court papers without Court approval is dicey. Swapping out a holiday here or a week there is not usually a big deal, but changing payment terms, amounts, or duration can lead to serious consequences if done without Court approval. Child support vests as it comes due and absent exigent circumstances cannot be forgiven.

An agreement to agree is no agreement at all.

Matthew Thompson is a Divorce Attorney and reminds you to have your Agreement approved by the Court in an Order.

Divorce, General Legal, Opinion

Deadlines matter.

02/01/2018 BowTieLawyer Leave a comment

In life, there are deadlines.

1. the latest time or date by which something should be completed.

“the deadline for submissions is February 5th”

historical

2. a line drawn around a prison beyond which prisoners were liable to be shot.

Deadlines induce stress, anxiety and even panic. Deadlines, or rather, meeting deadlines is critical to be successful in life. Projects, bills and responses have deadlines. Sometimes there may be false deadlines, sometimes deadlines may have dire consequences. Knowing the difference is key.

In law school I took Counseling & Negotiation. It was an upper level class taught by an Adjunct Professor, X.M. “Mike” Frascogna. About half way through the semester he made an offer, any student would be guaranteed a “C” if they attended the remaining classes. They did not have to take the final. I recall a student took that offer. I did not consider it.

The final required us to negotiate with the professor for our final grade. There was no set exam. Their were wild stories of students doing wild stunts to get an A. However, one of the lessons that stuck with me was either not allowing the other side to know your deadline or setting a deadline that you know would put pressure on the other side. He told the story of an international negotiation where one person let the other side know he was flying out in 4 days. They wined and dined him, showed him the sights and otherwise occupied his time for 3 1/2 days. On the last day, the traveler agreed to a worse deal because it had to be finalized that day.

Deadlines matter.

Matthew Thompson is a Family Law Attorney in Mississippi and negotiated his way to an A in Counseling & Negotiation.

Divorce, General Legal

Can I Change the Locks?

01/23/2018 BowTieLawyer Leave a comment

Can I change the locks on the marital home?

Yes. You can change the locks if it is your house, condo, apartment, or camping trailer. This includes;

purchasing the home
leasing (applicable for divorce purposes ONLY, your lease may say otherwise)
renting
- Assuming there is not a Court/Temporary Order preventing you from accessing your home.

Can he/she change the locks without telling me?

Yes, however you/he/she can let yourself in if it’s your residence and there is no Court Order preventing you from accessing your home. If you are purchasing the home, or leasing or renting the abode, apartment, condo or camping trailer you can let yourself in.

Matthew Thompson is a divorce attorney in Mississippi and reminds you to also change the garage entry door and reprogram the garage door openers.

General Legal, Opinion

Participation Trophies & You…

01/19/2018 BowTieLawyer Leave a comment

I hear and read a lot about the downfall of society. I see it too, sometimes.

But what I hear often is the wailing about the travesty of Participation Trophies. Parents, in a huff, saying that the idea of getting an award just for showing up promotes weakness, unreasonable expectations and an attitude of undeserved reward.

These same parents say that when they were a kid that they earned the trophies they received or they didn’t get one…along with walking to school uphill, both ways in the snow. That getting a trophy for “nothing” means the child will still be living at home when they are 30, in mom’s basement playing video games and eating chips.

But guess what? These same parents are buying the Participation Trophies. I have never seen an 8-year old call Mars & Steele and place an order for 16, plasti-chromed figurines atop a pedestal, requesting that each be engraved with “Go Tigers! 2017”

Participation Trophies are not the downfall of society. They are a side-effect from either the parent not receiving a trophy when they were that age or from the parent that did receive one that is trying to prevent their child from experiencing the feeling you get when you don’t get a trophy.

Teaching your child to be a hard worker, to be strong and to earn what you work for is YOUR job as a parent. It is not the job of the Coach for the 8-year old soccer team. His job is to teach fundamentals, have fun and make sure the snack list is circulated and the parents sign up!

Matthew Thompson is a former 8-year old soccer coach and while his team may not have won every game, they had the best snacks!