Category Archives: General Legal

You Are Your Own Worst Enemy!

In Court there are a lot of forces against you.  Your spouse or ex-spouse, their attorney, sometimes the Judge, at least seemingly, the GAL, the Court appointed expert all are not looking out for your best interests. But, who is your own worst enemy?  Your lawyer? NO!

stockimages/ freedigital photos.net

It’s YOU!

More often than not, when there is a disaster it is due to your own making or at least you are a major contributor.  Not following the advice of your lawyer is one of the main factors in you making your case worse.  Doing what you want or feel like is another.  Deliberately defying a Court Order is never smart either.

So, how do you avoid disaster.  Listen.  Heed the advice given.  Do NOT do things contrary to that advice.  If in doubt don’t act, but ask.  That alone is worth the price of this blog.

“If in doubt ASK, don’t ACT!” – Matthew Thompson

Matthew Thompson is a Family Law Attorney and gives lots of advice on a daily basis.

Follow the blog: BowTieLawyer Visit the websiteThompson Law FirmYou may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms

Mississippi Same-Sex Divorce DENIED.

Mississippi is again in the national news.  I blogged recently about a same-sex divorce case pending in Desoto County, Mississippi.  The Court has now rendered a verdict.

An apparent reluctant Judge, bound to follow the law as written, denied a divorce to a same-sex couple.  The couple, married in California, separated in Mississippi after residing here for several years.  Upon separation one party moved to Florida with the other remaining here.  The Mississippian initially sought a contested divorce, but it appeared that the parties had come to a settlement for a no-fault (irreconcilable differences) divorce.  However, their agreement to divorce was not enough.

Mississippi law, as it currently stands, prohibits the recognition of same-sex marriages in the State.  Therefor, if you do not have a marriage, you cannot get a divorce.  That is the basic logic that was applied in this instance.

Interestingly, State Attorney General Jim Hood intervened on behalf of the State.  The AG’s office argued that the Mississippi Constitution defines marriage as between one man and one woman and that MS has a specific statute that disallows recognizing another state’s same-sex marriage.  These arguments carried the day, at least for now.

The Mississippian, denied a divorce, plans to appeal the decision of the Chancellor and will challenge the constitutionality of Mississippi’s laws.  The ultimate conclusion will be a balancing of the State’s compelling interest in “protecting” marriage and limitations on who may and may not marry versus an individual’s right to privacy, liberty, and the right to marry.

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: BowTieLawyer Visit the websiteThompson Law FirmYou may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms

Protecting Valuables vs. Values; Which is Worth More?

One aspect of my practice that is important to me is the protection of client valuables (assets), but also just as important, if not more so, and often overlooked is protecting client’s values.

Stuart Miles/ freedigitalphotos.net

Values you say?  What kind of divorce attorney cares about values?  Well, they do seem to be fewer and far between, but they do exist.  An attorney that values a client’s values is a good attorney to have.  There are lots of tricks and subterfuge possible in family law.  Financial disclosure are by and large based on the oath of the party completing it.  Sure there are account statements, but it would be easy to fudge on.  One recent case where values succumbed to valuables, the husband “forgot” to disclose he won the lottery 2 months before the divorce was final.  Oops.  Another, the husband did not disclose multiple houses and a subdivision that were acquired during the marriage.  He figured nobody would find out.

So, why are values important?  Valuables come and go.  You can’t take them with you and all the other materialism clichés apply here.  The bottom line is that Values, how you handle yourself in the divorce, how your children see you treating your ex, and how you parent in a divorce situation, matter more than stuff.

Matthew Thompson is an Asset Protection and Family Law Attorney in the Hospitality State and knows that values can be worth far more than valuables. 

Follow the blog: BowTieLawyer Visit the websiteThompson Law Firm  You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms

Predicting the Future: I see divorce proceedings against this person “?”

Drumroll…

In what can be the only story to top anything that Charlie Sheen or Alec Baldwin do is the Mayor of Toronto, Rob Ford’s hi-jinks.

rob ford
huffingtonpost.com

As most of you now know, Rob Ford is the embattled Mayor of Toronto who has admitted to smoking crack, while being the Mayor of Toronto.  He has publicly proclaimed a “zero tolerance” drug policy, however he has dismissed his own conduct with a very plausible explanation.  He was so drunk he did not realize he was smoking crack, nor really remember it.  Just as astounding has been his candor and refusal NOT to comment publicly (meaning he talks too much).  I assume his attorney is cringing every time he knows that Rob Ford is awake!  He has had some extremely colorful quotes – one of which is not fit to reprint, but upon accusations of sexually harassing a female co-worker, Ford denied as much and stated that  he had “…more than enough to eat at home.” Wow!

Matthew Thompson is Divorce & Family Law Attorney in Mississippi and has no desire to be Mayor of Anything.

Follow the blog: BowTieLawyer Visit the websiteThompson Law Firm  You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms

Who exactly is THEY?

THEY said that I did not need an attorney.  THEY said that he would not get to see the children.  THEY said that you cannot get Alimony in Mississippi.

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I get calls everyday about what THEY said.  I always ask, “Who is THEY?”  The answer is always nebulous.  It’s their friend’s mom’s sister’s neighbor, who had the world’s “fastest, worst, cheapest, easiest, most difficult, most expensive, most whatever divorce.”

What THEY said can be dangerous, is frequently incomplete and in some instances is just wrong.  Their situation was likely vastly different from yours.  THEY were in another state, THEY were married twice as long, or for ten minutes.  THEY do not have children or THEY have eight and live in a shoe.  THEY had a pre-nup and a post-nup.  THEY had significant separate assets or a debilitating medical condition.  THEY had a lawyer who did not know what he was doing or THEY did not have a lawyer.  Maybe, THEY had a great lawyer.  Listening to what THEY said is usually a mistake.  Listen to the professional YOU know (or are getting to know), that YOU trust and that YOU hired.

Of course, THEY could be right.

Matthew Thompson is a Magnolia State Divorce Attorney cautioning you to be wary of what THEY say.

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

Your Day in Court.

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.

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

Beer Muscles- When exercising is not OK.

Habitual Drunkenness is not only a fault ground for divorce, but also leads to a wide variety of family law troubles.

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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: BowTieLawyer Visit the websiteThompson Law FirmYou may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms

LUNCH! The highlight of the day.

I frequently find myself counting the minutes until lunchtime.

Salmon 2
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: BowTieLawyer Visit the websiteThompson Law Firm You may also contact Matthew with your family law case, question or concern at (601) 850-8000