Category Archives: General Legal

Child Custody, Divorce, General Legal, Marriage, Modifications, Opinion

Leaked Photos!

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The headlines have been abuzz of leaked celebrity photos in compromising positions, including Jennifer Lawrence and Kate Upton.

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However, celebrities aren’t the only targets of this type of conduct.  All too often these are threatened to be made public or sent to your mother by your former significant other when pitted against one another in a heated divorce or custody case.  You mean your soul-mate may turn on you?  In a second!

In addition to being embarrassing the pictures can influence a Court’s determination on contributions to the stability of the marriage and custody.  I am not saying you lose your kids because you took naughty photos, but depending on what they depict and whether they include illegal activity they may well impact your case and may also impact negotiations. You may settle for less than you should to prevent them from being used.

So, how do I keep these from being used against me? Easy, don’t allow them to exist in the first place.

What if they already do?  Tread carefully…

Matthew Thompson is a Divorce Lawyer in Mississippi and cautions you to NOT put yourself in compromising positions.

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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General Legal, Opinion

The Dirtiest Secret of Lawyer Advertising!

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“One call.  That’s all.”

Gone are the days when Lawyers do not advertise.  While some lawyers still think it’s a faux pas, most accept that lawyer’s advertising is just like any other industry and to some extent is a public service…

Regardless of whether or not you approve of lawyer advertising it is here to stay. However, there is one trap to be careful to avoid;

  • Bought and Paid for Search Rankings.

I get numerous Search Engine Optimization (SEO) proposals every week.  These groups claim they can have me at the top of Google searches, for a fee, in any legal category I choose. The SEO people Google specific terms and if you are not in the top 5, or on the first page, then the solicitations come. Sometimes you may even be on the first page organically and they still try to solicit you.

So what does this mean for you, the person looking for a lawyer? Be careful. Just because a lawyer shows up on your search does not mean he/she is the one for you or that they even handle the type of case you have.  Read more on How to Hire an Attorney.

Matthew Thompson is a Family Law Attorney in Mississippi cautioning you to do your research before you hire an attorney.

Follow the blog: BowTieLawyer 

You may also contact Matthew with your family law case, question or concern at 

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Divorce, General Legal, Marriage

Getting UnMarried Without a Divorce (Death is NOT the Only Way Out)

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There are ways to end a “Marriage” other than divorce, and no, I am not talking about death…

http://eofdreams.com/ death.html

I have previously blogged on Annulment and the very limited circumstances that one may be requested.  However, I recently had another Annulment scenario arise that is worth mentioning.

Mississippi has specific licensing requirements to get married.  You have to have a licensed issued, you have to have a ceremony and cohabit.  The license is issued by the Clerk, the Ceremony is the thing you have at the beach, or the church, or the Court House and Cohabiting is living together.

But, what happens when there is a failure of one of the (3) requirements?

Typographical errors in the license do not invalidate a marriage when the marriage is consummated and you are living together.  Failure to comply with licensure requirements and NOT living together does not a marriage make. This situation would result in an Annulment.

But, what if there was no ceremony? 

Failure to have a Ceremony is fatal.  It does not matter if the license was issued. It doe not matter if you shacked up.  If you did NOT have a ceremony; at the beach, church, Court House, or backyard, if you did not jump the broomstick, you are not married.  A Ceremony, of some type, is required.

So, want your marriage to Count- get a license, have a ceremony and live as husband and wife.

Matthew Thompson is a Divorce/Annulment Lawyer in Mississippi and reminds you to act fast if you are seeking an Annulment.

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 Support, Crime, General Legal

Child Support, FaceBook and Poor Judgment = Rich Consequences

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Pay your Child Support.  It’s been said and blogged before, but a few payors have yet to get the message…

Newly Internet famous, John McCroy, reportedly paid his $100.00 per month child support only one time.  He allegedly refused to pay because he  died and could not afford it.  Neither appears true.  Above is the recent photo of himself with at least $100.00 and being alive.

Social media like FaceBook (also, don’t do this on FB) and other sites are now routinely reviewed in determining a potential party’s whereabouts, goings-on and can be used as a snap shot into their financial status.

I have personally prepared to use FaceBook photos of an ex, severely behind on their obligations, claiming they cannot afford it, but had numerous pictures of their new car and the recent vacation they just took to the beach.  Certainly, there are circumstances where persons cannot afford their obligations when life gets in the way, but pictures of your new car and recent vacation are proof positive you are choosing to not pay your obligations.

Just like McCroy, it was proof they could meet the obligation, but chose not to.  McCroy posted numerous photos and comments once his “story” broke. He noted that no one in the media has mentioned that his Baby’s Mama was keeping the child away from him.  If true he should seek Contempt against her or specified visitation rights, it is not a basis to not pay your child support.

Matthew Thompson is a Child Support Lawyer in Mississippi and reminds you that as a parent you have a moral and legal obligation to pay Child Support.

Follow the blog: BowTieLawyer 

You may also contact Matthew with your family law case, question or concern at (601) 850-8000

General Legal, Opinion

Gun Myths Debunked

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People make a lot of assumptions about guns.  Most of them are wrong…

NPS photo

Mississippi has fairly straight forward gun laws.

Can I purchase a gun from a dealer? 

Yes, if you are 18 or older for a long gun (ie: shotgun, rifle, muzzle loader)

or

Yes, if you are 21 or older for a hand gun (ie: pistol, revolver)

and

have not been convicted of domestic violence, a felony and have not been committed for alcohol or drugs, and are not under the influence at the time of purchase.

What about Possessing a Firearm?

Possession as opposed to purchasing has lesser restrictions.  There is not minimum age for possession of a long gun. It’s not uncommon for 9-year-olds and up to have a shotgun for dove or duck hunting.  It’s legal, and assuming proper supervision, safe.  The law is a little more restrictive on a youngster possessing a handgun, but you can possess one if you are 18 or older, and if younger than 18 you may possess one for hunting purposes, at a shooting range or on private property with permission of the landowner.

Do I need a Permit or License?

No.

Do I have to Register my Firearm?

No.

What about Concealed Carry?

MS has recently adopted new laws concerning concealed carry vs. open carry and a license is required for Concealed Carry.

Where can I have this gun?

Your home, your business and your car and a lot of other places too, unless there is a Federal restriction against it, or if your local entity has the proper signage, unless of course you have the instructor certified endorsement (though the endorsement does not override Federal restrictions). Confused yet?

I would suggest you consult with your local law enforcement office if you have specific questions, though reading the law for yourself may prove more beneficial.  Also, the laws are ever-changing.  Confer with an attorney if you have any questions concerning the use, purchase or possession of a firearm in Mississippi before you have an issue.

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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General Legal, Opinion

Should I Get a Gun?

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Doing what I do I get asked a lot of questions.  Family Law leads to a lot of weird situations, but one question that I get more than you’d think is
“Should I get a gun?”

hin255/ freedigitalphotos.net

Should I Get a Gun has a lot of moving parts as far as a question goes…

  • Do you fear for your physical safety?  
  • Is that reasonable under the circumstances?

Fearing for physical safety requires more than the purchasing of a firearm.  Upon a good faith belief of bodily harm you should be considering getting to a safe place, a Restraining Order, Law Enforcement Involvement and further Court action, in addition to a firearm.

  • Do you know how to use a gun?  
  • Are you willing to educate yourself?

Training course are offered all the time now.  Handgun, shotgun, self-defense, and home defense courses are all the rage. Take one or two or all of them.  Even experienced gun users would benefit.  Proper training, muscle memory, repetitive exercises will all aid in your confidence as well handling of a serious situation.

  • Will you practice?  
  • You have to practice!

Practice, practice, practice.  There are several ranges throughout the state.  You have to shoot and need to shoot to be comfortable with your firearm.

  • Safety. Safety. Safety.

Safety is the most critical aspect of owning and handling a firearm. Treating them all as loaded. Only aiming at intended targets. Keeping them safely and securely locked away from children and those that should not have access to a firearm is critical.

So, Should you get a Gun? Yes, if you are willing to educate, train, be safe and use it responsibly.

Matthew Thompson is a Mississippi Family Law attorney and encourages safe and responsible gun ownership.

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

 

Divorce, General Legal, Opinion

How to Be a Reasonable Client.

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On the heels of “Signs of an Unreasonable Client” comes the counter, so you know how to be a reasonable client.

  1. Listen to your Attorney. You hired them, now listen.
  2. Ask if you Don’t Understand. We can sometimes fall into the trap of speaking in legalese and assume you get it you aren’t indicating otherwise.
  3. Pay Your Bill.  That is how attorneys make money and all attorneys are not as rich as they want you to think.
  4. If you Have an Issue with us, Let us Know.  Don’t tell someone else about your concerns and not allow the attorney a chance to address it.
  5. Don’t Ignore your Attorney.  One of the worst things you can do is go off the grid and not communicate.
  6. Don’t Text Incessantly. It’s great for “running 10 minutes late” or “the date is Aug. 4,” otherwise call or email.
  7. Don’t Email when a Call is Better. Somethings you just have to talk about.
  8. Don’t Abuse the Cell Phone.  Do NOT abuse the cell phone.

Matthew Thompson is a Divorce Lawyer in Mississippi and encourages all clients to be reasonable.

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

 

Divorce, General Legal, Opinion

Don’t Want Things to Get Worse? Don’t do Something to Make Things Worse

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Want things to get worse? Do something worse!

http://www.rogerebert.com/far-flung-correspondents/a-marriage-made-in-hell

In family law it is often desired by a party to do something to get back at the other spouse.  The awful soon-to-be-ex did something first that was mean, so they want retribution and to do something meaner.  Usually this is a very bad idea. Two wrongs don’t make a right and it may well get you into trouble.

John and Jenifer were married. John had an affair with Jane. Jane was married to Jim.  So, guess what Jenifer did? She had an affair with Jim!  It did not make things better…

There’s a reported case where the soon-to-be-ex-husband threw all of the wife’s clothes in the driveway, squirted them with lighter fluid and lit them afire.  This conduct did not make things better.

Unless you want to end up in the War of Roses, stop doing things to make things worse.

Matthew Thompson is a Divorce Attorney in Mississippi and advises all of his clients to abstain from doing things to make things worse.

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