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: 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
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.
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: 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
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.
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: 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
“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: BowTieLawyer Visit the website: Thompson Law Firm You may also contact Matthew with your family law case, question or concern at (601) 850-8000
“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
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