Category Archives: General Legal

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, 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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divorce, General Legal

Getting STUNG in Court!

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Seldom in Court does everything go in one party’s favor, but there are times where the party-in-the-wrong get’s STUNG by the Court.

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How do you know if you got Stung in Court?  Oh, you know.

  • You may have been dressed down by the Judge.
  • He may have stated that your conduct was petty or silly.
  • A finding that your lawsuit was frivolous.
  • Perhaps your claim was dismissed in its entirety.
  • When the other side is preparing the Order and it was not an “Agreed” judgment, that too can be a sign of a win or loss.
  • If you were held in contempt.

But there is also another sign of getting Stung. Are you paying your opponent’s attorneys fees?

If you’re paying the other party’s Attorneys Fees, you got Stung!

Matthew Thompson is a Divorce Attorney in Mississippi and warns clients to not get Stung!

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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divorce, General Legal, Marriage

Easy to Get Married; Hard to Get Divorced.

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“Easy Come, Easy Go” does NOT apply to Family Law.

http://www.triggerandfreewheel.com/comic/easy-come-easy-go

It’s easy to get Married. Quick, too.  Just show:

  1. Both parties must apply together
  2. Both parties must present a valid I.D. (Driver’s License, Birth Certificate, Military I.D., DD214, Baptismal Certificate, Life Insurance Record, School Record, or any other official document evidencing age. The Clerk shall retain a copy on file.
  3. $23.00 CASH fee (or similar fee depending on County)
  4. If either party has been divorced within the last six (6) months, a copy of the divorce decree is required

Additional Information

  1. If either applicant is under TWENTY-ONE (21) years of age, parental consent is required
  2. The female applicant must be at least fifteen (15) years of age to apply
  3. The male applicant must be at least seventeen (17) years of age to apply
  4. The license may be used only in the State of Mississippi

Harrison County Circuit Clerk.

It can be very difficult to get a Divorce.

You and your spouse must;

  • Agree to a Divorce
  • Agree to all of the Terms of the Divorce Agreement (including custody, support, visitation, property division and financial terms)

The basic process is;

  • File a Joint Complaint for Divorce (this begins a 60 day waiting period)
  • Prepare and exchange financial Statements
  • Prepare and sign the Child Custody and Property Settlement Agreement
  • Prepare and sign the Final Judgment of Divorce
  • Present the paperwork to the Court for approval (after 60 days of the initial filing)
  • Possibly attend Parenting Class

This ONLY works if you and your spouse can AGREE To EVERYTHING.  If you cannot then you must pursue a Fault based divorce.

Fault requires:

  • File a fault-based Complaint for Divorce (determine if you need Temporary Relief)
  • Have a Summons issued (Rule 4, 81 or both)
  • Have your spouse served with the documents
  • Prepare and attend a Temp. Hearing
  • Propound Discovery
  • Issue subpoenas
  • Respond to Discovery
  • Take Depositions
  • Have a Contempt hearing
  • Prepare and exchange financial Statements
  • Possibly attend Parenting Class
  • Set Trial
  • Prepare for trial (6-12 months from now)
  • Trial gets continued for some reason
  • Attend Trial
  • Await Ruling
  • Be aggrieved
  • Both parties file Appeals
  • 1 1/2 years later get ruling on appeal
  • Matter is Remanded
  • Repeat the above

“… it is the greatest of all mistakes to begin life with the expectation that it is going to be easy, or with the wish to have it so.”
― Lucy Larcom

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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Crime, divorce, General Legal

Update: Mississippi Judge Pleads GUILTY

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As an update from a prior blog, former Mississippi Chancery Judge Joe Dale Walker, has pleaded guilty to Federal charges.

http://davidgaleuk.files.wordpress.com/2012/11/judge-in-jail.jpg

Walker, formerly of the 13th Chancery Court district which includes; Covington, Jefferson Davis, Lawrence, Simpson and Smith counties, was on suspension by the Mississippi Supreme Court for his on-the-bench conduct. He pleaded guilty this week to federal charges that included that he instructed a federal grand jury witness to destroy documents and then lied to FBI agents about it.

According to the FBI, Walker directed an attorney (the witness) he had appointed for a Conservatorship to solicit bids for the construction of a home for the ward. Of the bids obtained, one was from the Judge’s nephew.  The Judge reviewed the bids in his office and instructed his nephew to increase his bid. Walker then transferred the case to the other Judge in the district for the limited purpose of accepting and approving the bid because of his nephew’s involvement. After the contract was awarded to Walker’s nephew, the case was transferred back to Walker by the second Judge.

Walker, knowing that a Grand Jury subpoena was outstanding for information concerning the bidding process, spoke with the witness about instructing his nephew to increase his bid and the original bid and any existing copies.

When interviewed by the FBI, Walker denied  talking with the witness about his nephew’s  bids and denied telling the witness that the original low bid needed to be “somewhere else.”

U.S. District Judge David C. Bramlette III will sentence Walker Jan. 8. He faces up to 20 years in prison and a $250,000 fine.

Read more: http://www.washingtontimes.com/news/2014/oct/7/ex-chancery-judge-joe-dale-walker-pleads-guilty/#ixzz3Ff16e0Ll

The Judge’s suspension, resignation, and guilty plea were a result of the joint efforts of the Mississippi Judicial Performance Committee and the FBI- Public Corruption Unit.

Matthew Thompson is a Family Law Attorney in Mississippi and warns you to NOT lie to the FBI!

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, divorce, General Legal, Modifications, Opinion

5 Family Law FaceBook Don’ts

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FaceBook is mainly used for comparing yourself to your high school friends and stalking persons you just met. Perhaps it can also be useful for bragging on yourself, your child’s latest, cutest thing and driving up “hits” on your blog. However, it is NOT to air your DIVORCE DRAMA!

FaceBook (FB) based evidence has been linked to over 1/3 of divorces filed since 2011 and is increasing. The American Academy of Matrimonial Lawyers states that 81 % of its members have used or been faced with evidence plucked from Facebook, Twitter and other social media sites in divorce cases over the last five years.

What are some of the things NOT to post on FaceBook?

  • Don’t put that the other party was just a sperm/egg donor
  • Don’t put that the other party is CRAZY, SATAN or PSYCHO!
  • Don’t post pictures of yourself licking someone’s face at The Electric Cowboy.
  • Don’t put pictures of yourself holding an alcoholic drink with 16 empties on the table.
  • Don’t “check-in” at the Club, at 2:00 a.m., during your custody time with the children.

I have seen FB postings used in Court as circumstantial proof of fault. (Mushy messages to the old flame and hate-filled diatribes against that “dead beat.”) And, FB info has been used as proof with regards to moral fitness in custody battles. Parties in litigation have posted vulgar things about the other party and parties have put pictures of themselves behaving inappropriately on FB.

So you are thinking, “But my FB is set to private. Only my friends can see it and I blocked little Miss So and So.” Well the block may prevent them from gaining direct access, but guess what, you have a mutual friend that is forwarding the postings to your ex and/or that mutual friend is letting them log in under their name.  Nothing is private.

Want to know what else to NOT put on FB? 5 more Don’ts.

Share your FB Family Law horror story…maybe I’ll blog about it.  Oh, and LIKE me on FaceBook.

Matthew Thompson is a Family Law Attorney in Mississippi and recommends you not post your business on FaceBook.

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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Crime, General Legal

Mississippi State & Ole Miss College Game Day Tickets; Getting Scalped

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The Mississippi State Bulldogs are ranked #3 in the Country.  The University of Mississippi is as well.  The tickets for their upcoming games are the hottest seat around!

Sell outs are a given, but you can still get tickets.  However, if you are selling your tickets to make a quick buck or $1,000.00 be aware of the law!

MCA § 97-23-97. Scalping of admission tickets at college events held on state property: 
It shall be unlawful for any admission ticket to any athletic contest of any college or university of the State of Mississippi or for any admission ticket to any entertainment event held on state property to be sold for a price in excess of the price printed on the face of the ticket.

    It shall be unlawful to sell any such admission tickets at any place or in any manner except at such places and in such manner as designated by the proper authorities issuing such tickets.

    Nothing in this section shall prohibit a private individual from selling tickets bought for personal use at a price not to exceed the price on the face of the ticket.

    Any person, firm or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.

HISTORY: SOURCES: Laws, 1990, ch. 342, § 1, eff from and after July 1, 1990.

So, just selling your tickets at “market value” may well get you charged with a crime, a misdemeanor.  Go, enjoy the game!

Matthew Thompson is a Family Law Attorney in Mississippi and recommends you not run afoul of the law.

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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divorce, General Legal, Marriage

How to Know if Your (Ex) In-Laws HATE You.

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Divorces don’t only end a marriage. A lot of times they end friendships and extended family connections.

Once that divorce is final sometimes a clean break is best.  Sometimes a clean break is not possible…So, how do you know if your former in-laws hate, hate, hate you?

They sue you!

In one case, shortly after an acrimonious divorce was final, the ex-husband received a notice from the bank that his account was being garnished. The call came quickly.

Q: “What is this? How can I be Garnished?”

A: “Someone has a Judgment against you…”

Legal research revealed a law suit in Justice Court. A Default Judgment was entered, which included a money judgment. A Writ of Garnishment was also filed.  All of this done, by the way, with NO notice or service on the Defendant.

Who was the intrepid filer, you ask? The now ex father-in-law.  He was mad, to say the least.

As justice requires, these actions were set aside.  A Motion to Set Aside and Stay of Garnishment were filed.  Notice and actual process was served on the opposing party, the proper way. It was proven that the ex father-in-law provided an address he knew to be incorrect for the now ex son-in-law resulting in no notice or process.  As there was no Process – meaning actual notice or service, the judgment was void and set aside for a do-over.

What was the issue?  A missed vacation and a non-refunded deposit. Yes. The ex father-in-law sued for the return of a vacation deposit that he planned, he paid, that he owed, that he decided not to take because the “family blew up.”

So, can you sue your ex in-law for a missed vacation? Yes.  Will you win? No.  Should you? No.  Does that make you a terrible person? Could be…

Matthew Thompson is a Divorce Attorney in Mississippi and suggests you not sue your family members, if you can help it.

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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