“Everyone has his day (in court) and some days last longer than others.” – Winston Churchill (a paraphrase).
I had a victory today in Court. I was in County Court of all places, somewhere that I do not frequent. It was not a family law case either. It was a dispute over money though, and I deal with that a lot. It was a fair trial, in front of a fair judge that went to great lengths to hear both sides.
“It’s funny how the outcome of Court determines whether you had ‘your day’ in Court or a ‘long day’ in Court” – Matthew Thompson
Matthew Thompson is a Family Law Professor at MC Law and a Family Law Attorney and can help you to have your day in Court.
Habitual Drunkenness is not only a fault ground for divorce, but also leads to a wide variety of family law troubles.
Alcohol (aka:booze, beer, hooch, liquor, wine, drink, the bottle) is an easy vice to turn to, especially when dealing with the emotion and anxiety of family issues. However, it seldom salves and often makes things worse. Habitual drunkenness, that is consistent alcohol use and abuse to the extent that it cause the breakdown of the marriage, is grounds for divorce. Additionally, alcohol abuse can and will be used against you in a custody determination. I am not saying that you have to be a tee-total-er, but abuse of alcohol leads to poor judgement, decreased inhibitions and legal trouble.
Alcohol contributes to domestic violence incidents, accidents, and of course DUI. The risks always outweigh the rewards.
So do you have an alcohol problem? Well, there are a few ways to tell. Have you asked yourself if you have an alcohol problem? If so, you might. Can you go without drinking? If you suspect you have an alcohol problem seek help now. It will help your family later.
Matthew Thompson is a Family Law Adj. Professor at MC Law and a Child Custody/Divorce Attorney. Drink Responsibly! (if you do).
Follow the blog: BowTieLawyerVisit the website: Thompson Law FirmYou may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms
I frequently find myself counting the minutes until lunchtime.
Salmon burger and homemade, baked chips from Adobo photo by Matthew Thompson
I often joke that lunch is the highlight of my day with the only competition being “Quittin’ Time!”
Why is lunch the highlight? It is a welcome respite for days which are routinely emotional and tough. Days in which you never know what the next call will be, how urgent, or how critical a need may be. A Lunch break allows you to decompress and recharge. Also, in my area, there are some fantastic lunch spots.
From mainstream eateries to hole-in-the-wall, off the beaten path diners, one of my hobbies is reviewing lunch spots for the website and social media powerhouse EatJxn.
Visiting different and various restaurants has resulted in new friends, exposure to new cuisine and a greater appreciation that food, instead of dividing us as my work tends to do, is a force that can bring people together. One of my favorite local spots and favorite reviews is for the Country Kitchen off of West County Line Road, in Jackson, right across the street from Tougaloo College. Other reviews may be read here, EatJXN Matthew.
Also, I love to eat.
Matthew Thompson is an Adjunct Professor teaching Domestic Relations at MC Law, a Divorce Attorney and part-time food critic. Look for him in a classroom, courtroom or dining room near you!
Follow the blog: BowTieLawyerVisit the website: Thompson Law FirmYou may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms
“Dating during your divorce is akin to playing with matches and kerosene during a forest fire.” Matthew Thompson
It is commonly asked by clients, “Can I date others?” The short answer is NO. In Mississippi divorce there is no such thing as “legal separation.” You are married until you are divorced. That means either party could get “fault grounds” against the other at any time prior to the divorce being granted. In general however, it is just a bad idea.
Dating during your Divorce is a bad idea due to the following;
Dating involves feelings and emotions which can be misfiring at that point.
It involves money and expenses and Court’s look disfavorably of spending on boyfriends and girlfriends.
It could wreak havoc on a Custody case if that “new” person is either the wrong fit for your kids or a great fit, but it does not work out.
“Rebounds” tend to take a bad bounce.
It’s an easy target for your soon to be Ex and his attorney.
You may not really know the person you’re dating.
If you have to ask your attorney if it’s okay, it probably isn’t. Now, having said that, you are still allowed to have a “life.” You can go out in groups and otherwise socialize. Just be aware of your surroundings and actions because you never know who’s watching, waiting for you to mess up.
Matthew Thompson, a Divorce Attorney and Family Law Adj. Professor at MC Law, reminds you to do your best to prevent “forest fires!”!
Follow the blog: BowTieLawyerVisit the website: Thompson Law FirmYou may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms
A Mississippi resident, who married her spouse in California, is now seeking that a Mississippi Court divorce them. The couple lived in Mississippi for some time after their marriage and ultimately separated in the Magnolia State. The case is pending in DeSoto County Chancery court and has garnered world-wide attention.
However, it may not be a walk in the park…
MS law specifically provides that a same-sex marriage is VOID. Void means it does not exist, not that it could if everything was just right. Void=nothing. The law goes on to specifically deny that MS has to recognize another state’s same-sex marriage.
MCA 93-1-1, (2) Any marriage between persons of the same gender is prohibited and null and void from the beginning. Any marriage between persons of the same gender that is valid in another jurisdiction does not constitute a legal or valid marriage in Mississippi.
Now before you bash MS too much for this, it is quite common that states have different laws regarding requirements for persons to get married in their respective states. Different laws can be allowed. For instance you can marry your niece-in-law in California, but not in Utah. And Utah does not have to recognize the CA marriage. Nothing to do with same gender on that restriction. Also, most states prohibit same-sex marriage, only 14 states allow same-sex marriage, at this time.
There are several issues that are apparent in this MS pending matter.
Issue #1. MS law, which at this time is valid and constitutional by the way, disallows their “marriage” to be recognized as a marriage. And, if no marriage, then there can be no divorce.
Issue #2. The Mississippian sued her spouse on Habitual Cruel and Inhuman Treatment. The parties had been separated for over 3 years by the time of filing which may be an indicator of limited grounds regarding cruelty, which is one of the most difficult grounds to prove. So there may not be a divorce on cruelty anyway, as the plaintiff could not meet her burden of proof.
Issue #3. The Mississippian sued her spouse for Adultery. Adultery, in Mississippi, is defined as “sexual intercourse with a person of the opposite sex, not your spouse.” Despite this being the Bible Belt, it is possible that Mrs. Defendant is in another relationship with another person, of her same sex, and is still not committing “adultery.” Technically speaking, of course.
Issue #4.The Constitution’s Full Faith & Credit clause. FF&C requires that a valid Order from one State be recognized in another. The catch is a Marriage is not an Order, but rather a contractual arrangement between the two spouses and the state that they are being married in. This means a marriage is not entitled to Full Faith and Credit. Interestingly, a divorce would be, assuming the Jurisdictional/residency requirements were met.
So, some legal mumbo-jumbo and a refrain from a little common sense results in…nothing. That is exactly what this litigant will get from Mississippi and will likely get it in abundance. Stay tuned for more developments.
Matthew Thompson is a family law attorney and domestic relations adj. professor at MC Law; Keeping you abreast of the ever-changing world of family law in which we live in.
Follow the blog: BowTieLawyerVisit the website: Thompson Law FirmYou may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms
We’ve seen in the news a dust-up about a TN Judge that refused to allow parents to name their child “Messiah,” in fact changing the child’s name.
Mom and dad were in a disagreement over what to name the child, but ultimately agreed on the first name of Messiah and disagreed over the child’s surname (last name). The Judge crossed the line, however, when she changed the child’s first name over the parent’s agreement to Messiah and objection to any change of the first name. The Judge cited that the name was not in the child’s best interest and stated there is only one Messiah. The Judge also noted the name could be offensive to the religious community.
However, parents have a constitutional right to raise their children as they see fit, a constitutional right to privacy and a presumption that they are acting in the child’s best interests. That is not to say all parents do, but the State’s interest is primarily limited to the child’s last name. TN could determine the last name, which could either be the same as the mother’s or the father’s, but crossed the line when changing the first name.
The parents appealed the ruling and the matter was quickly reversed. Messiah, changed to Martin, is Messiah again. A correct legal outcome, regardless of how you feel about the name. In Mississippi, a child shall have the surname of the father, if known, regardless of the marital status of the parents. There is a provision, in the judge’s discretion, to deviate from the the surname of the father requirement, however there must be a compelling reason.
Matthew Thompson is a domestic relations counselor in the Magnolia State and encourages you to know your rights as a parent.
Follow the blog: BowTieLawyerVisit the website: Thompson Law FirmYou may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms
We hear a lot about attorney-client privilege, doctor-patient privilege and even priest-penitent privilege, but there exists a marital spousal privilege, though application can be limited and tricky.
A spouse to spouse communication is confidential if it is made privately by any person to that person’s spouse and is not intended for disclosure to any other person. In any proceeding, civil or criminal, a spouse has a privilege to prevent that person’s spouse, or even a former spouse, from testifying as to any confidential communication between that person and that person’s spouse. The privilege may be claimed by either spouse in that spouse’s own right or on behalf of the other.
This means that a husband can prevent a wife from testifying about something he told her in confidence. It also means that an ex-husband can even prevent an ex-wife from testifying about something he told her in confidence, during the marriage.
So, you ask,“How can I testify about what my spouse said in my divorce case?”
Exceptions.There is no privilege under this rule in civil actions between the spouses (including divorce) or in a proceeding in which one spouse is charged with a crime against; (1) a minor child, or (2) the person or property of (i) the other spouse, (ii) a person residing in the household of either spouse, or (iii) a third person committed in the course of committing a crime against any of the persons described in (d)(1), or (2) of this rule. MRE 504.
Matthew Thompson is a family law attorney and warns you not to count on spousal privilege in a divorce action. So be careful about the content of those sweet nothings that you are whispering.
The day the Raccoon went berserk in Adams Circuit Court, they were jumping pews and shouting Hallelujah!
– apologies to Ray Stevens #bowtielawyerms
Matthew Thompson is a family law attorney and warns you to watch out for Raccoons in Court.
Follow the blog: BowTieLawyerVisit the website: Thompson Law FirmYou may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms
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