Category Archives: General Legal

Child Custody, Crime, divorce, General Legal, Marriage

Mic Test: “Testing 1, 2, 3…”: Recording in Divorce- Good, Bad & Ugly

12/10/2014 BowTieLawyer Leave a comment

Recording Fever has swept the divorce world, at least, since the 1980s.

Recordings set the record straight, right? It’s incontrovertible proof that so-and-so said what-they-said on any given date. It’s right there on tape…

Not so fast. First of all is it legal where you are? States have differing laws on recordings. Generally, in this state, recording is legal so long as one person to the conversation is aware that it is being recorded. However, this is not the case in every state and some require all parties know and consent.

Secondly, is the recording a set-up? There have been instances where a spouse (or ex-spouse) intentionally created circumstances where the other spouse would “blow up.” Under these circumstances your recording may get you in more trouble than it’s worth.

Third, is the recording complete and unaltered? Recordings can be edited. They can certainly be manipulated. Recordings must be authenticated, complete and relevant to be considered admissible.

Fourth, is it as valuable as you think? I know a Judge whose opinion is “You need to be focusing on parenting and communicating with the other parent rather than recording every interaction…“

Recordings, either audio or video or both, may well be legal, legitimate, complete and valuable, but it could easily be illegal, under false circumstances, incomplete and of no value. Discuss the laws regarding recordings and admissibility with your attorney.

Matthew Thompson is a Family Law Attorney in Mississippi and warns clients of the possibility of surveillance and recordings, reminding them to say and do things they do NOT mind being played back in Court.

You may contact Matthew with your family law matter or question at (601) 850-8000

divorce, General Legal

Book of Sins; A Detailed Accounting of all of Your Wrongdoings…and Other Things to do for a NOT Healthy Recovery

12/08/2014 BowTieLawyer 1 Comment

Who wrote the Book of Love…er…Sins?

Do you have a Book of Sins? I have learned a new term. “Book of Sins.” This book is a recounting of every wrongdoing perpetrated by that lousy ex of yours.

It includes every text, email, photo, posting, phone record(s), and listing of lies that your sorry, no good ex spouse did, said, lied about and tried to get away with.

This book is brought out at nearly every post-divorce opportunity. Phone call about the kid’s dentist appointment? Remind her of the Book of Sins. School Program? Well the program should include a reference to the Book. What? He’s apologized and you’ve “forgiven “him?? Well that doesn’t mean you can’t throw the Book at him.

The Book of Sins is apparently a real way some persons attempt to deal with divorce. While evidence gathering before a divorce and record keeping after one have a purpose, a Book of Sins and continual reference to same, even years later, does not serve a legitimate purpose. It is not healthy. Burn the Book.

Matthew Thompson is a Divorce Attorney in Mississippi and suggests you burn the Book of Sins.

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.

divorce, General Legal, Irreconcilable differences, Opinion

BlackMail is Legal in Divorce – The Law in Mississippi; Promoting Fights Since 1976

12/03/2014 BowTieLawyer 13 Comments

Mississippi law provides for parties to gain a divorce through one of two methods; 1) Agree to the Divorce and all issues, called an Irreconcilable Differences Divorce, or 2) pursue a Fault Based Divorce granted due to the other party’s misconduct. That’s it. Mississippi does not have a true NO FAULT divorce process.

So,what happens if you cannot agree and do not have grounds?

Divorce Blackmail

In the mid 1980’s this issue was pointed out by the Mississippi Supreme Court.

“Prior to 1976 mature and responsible people who found their marriages irretrievably broken were offered by our law absurd choices…the complaining spouse had to choose between outright perjury and hoping that the chancellor would not strictly enforce the standards of proof legally required to establish one of the twelve grounds for divorce. The other choice…the ‘knock down, drag out’ fight to which the adversary system invariably leads…frequently creating more problems than are solved. Divorce had become a degrading, dehumanizing experience.”

Gallaspy v. Gallaspy, 459 So.2d 283 (MS 1984). Justice James Robertson, Concurring Opinion

…further improvements in our law are needed. As enlightened and desirable as was the enactment of the Irreconcilable Differences Act in 1976, the job has not yet been completed…[the] Irreconcilable Differences Act–it facilitates, even encourages, financial blackmail…the chancery court has not authority to grant a divorce…unless the parties have reached an agreement…the spouse wanting the divorce or feeling that he or she must obtain a divorce is subject to financial blackmail. A party without fault grounds and no mutual agreement has only two options; (1) knuckle under and accept less than favorable financial terms or (2) go to court and try to obtain a contested divorce and an accompanying alimony and support award, when, as she and her lawyers surely must have known, she really did not have “grounds.” Id.

Justice Robertson actually proposed adding a 13th fault ground of Irreconcilable Differences, which if proven would allow the Court to award an ID divorce to one party, even over the objection of the other party and would allow the Court to rule upon the support issues.

However, Mississippi law actually perpetuates Blackmail. If your spouse won’t agree and you don’t have fault grounds then you are STUCK.

There have been a number of bills proposed to end this divorce conundrum, but so far none has gained any traction. Let me know your thoughts. Do you support allowing for a true No Fault divorce, or an irreconcilable differences divorce after a period of separation?

Matthew Thompson is a Family Law attorney and is in favor of amending the Irreconcilable Differences divorce statute.

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Crime, General Legal, Opinion

“Thomas Jefferson” Disbarred

11/24/2014 BowTieLawyer Leave a comment

Kansas Attorney Dennis Hawver has been disbarred due to “inexplicable incompetence!”

Hawver committed a number of blunders throughout the case, among them include;

At trial, Hawver described his client a “professional drug dealer” and a “shooter of people,”
Hawver argued at trial that his client would never have left a witness alive if he had shot the two women victims.
Hawver did not investigate alibi witnesses and did not track his client’s cellphone to find his location at the time of the murders.

His explanation? “I had no idea that cellphones had GPS capabilities at that time,” he said. “Did you? I didn’t. If I had known it, I’d have been on it like a dog on a bone.”

Hawver had never previously tried a capital murder case and had not tried a murder case in more than 20 years.
He was unfamiliar with ABA guidelines for trying capital murder cases.
He informed the jury his client had previously been convicted of voluntary manslaughter, even though prosecutors agreed to a stipulation that the client had a prior felony conviction without further details.
He failed to seek dismissal of the capital charge after the Kansas Supreme Court struck down the death penalty scheme.
Hawver had said he had no funds for a pretrial investigation and he did not call the indigent defense board to explore whether funding was available to support his representation.
He also said he did not recall whether a board representative had called him with an offer to provide co-counsel, investigators, consultants and expert witnesses, but he does not contest that an offer of funding was made.
During the sentencing phase of the trial, he said the killer should be executed.

During the arguments concerning attorney discipline, Hawver named Thomas Jefferson as his hero and says he wore the outfit because he had a constitutional right to represent the client “as directed, instructed and agreed” by the client, “no matter what the ABA guidelines have to say.”

Matthew Thompson is a Mississippi Family Law Attorney and advises all potential clients that if your attorney dresses as a Founding Father for Court it is time for a new 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, Child Support, divorce, General Legal, Marriage

Mississippi: Same-Sex Marriage and the Rational Basis Argument

11/20/2014 BowTieLawyer 2 Comments

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

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

Court is Unpredictable.

11/18/2014 BowTieLawyer Leave a comment

Court. The true final frontier.

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?

11/13/2014 BowTieLawyer 3 Comments

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.

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, Child Support, divorce, General Legal, Marriage

Here Comes the Judge; Election Results

11/05/2014 BowTieLawyer Leave a comment

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.

Barbara Ann Bluntson 4384 46%
Robert G. Clark III 5148 54%

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

C. Stephen Benvenutti 14,442 34%
Jennifer Schloegel (I) 28,577 66%

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

Ronnie Cochran 17,089 45%
Sanford R. Steckler (I) 21,222 55%

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.

David Shoemake (I) 12,103 55%
J. Larry Buffington 9,779 45%

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.

Deborah Kennedy 5,376 26%
Gerald M. Martin 8,503 41%
Mary K. Burnham 6,645 32%

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

Too close to call and are still counting affidavit ballots.

D. Neil Harris 17,222 50%
Paula S. Yancey 17,186 50%

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.