Category Archives: General Legal

Does it Take an Act of Congress to Get a Divorce…in Mississippi?

The Mississippi Constitution of 1817, Article VI, Section 17 , provided that “Divorces from the bonds of matrimony, shall not be granted but in cases provided for by law, by suit in Chancery; provided that no decree for divorce shall have effect until the same shall be sanctioned by two-thirds of both branches of the General Assembly.”

At the time Mississippi became a state it took a vote by 2/3 of the legislature to get a divorce, after a Judge determined you had grounds for divorce.

This requirement for legislative approval was removed in 1869 and likewise did not reappear in the 1890 Mississippi, the state’s current Constitution.

So, no, it does not take an act of the legislature to get a divorce…anymore, but it can still be difficult and possibly impossible in Mississippi without provable fault grounds.

Matthew Thompson is a divorce and civil litigation attorney in Mississippi.

When the GATES Come Crashing Down; Bill Gates’ Divorce and How it Impacts YOU.

The celebrity divorce du jour is Bill & Melinda Gates.

After over a quarter century of marriage, Melinda Gates has sought a no-fault divorce from Bill Gates in the state of Washington. The parties appear to be working on an agreement to resolve the dissolution of the marriage and the division of assets.

Of note, Bill Gates was already a billionaire when the parties met and married. Media reports indicate there was no prenuptial agreement and Washington is a community property state, which bodes well for a 50/50 split of assets.

So, how does this impact you?

  1. It’s a lesson that no matter how much money you have it does not guaranty wedded bliss;
  2. You never truly know the health of a marriage from an outside perspective; and
  3. It really doesn’t impact YOU. It has no bearing on the strength of your relationships.

Matthew Thompson is civil litigation attorney and reminds you that other people’s divorces are not really your drama.

(601)850-8000

Chancery Courts, Covid and YOu.

The Capital Area Bar Association (CABA) recently held it’s second in a series of offerings featuring local Judges in the area discussing the Court’s efforts to adapt to continuing with Court in this Covid-era.

Stock internet image

Featured were Chancellors Owens, Grove and Roberts. Yours truly was the moderator for the panel. Some 40-odd attorneys were in attendance for this Zoom conference.

The Judge’s comments were similar with the challenges presented by Covid; some court delay with cases involving multiple litigants/attorneys, technical difficulties, and a little too-lax formality when Zooming.

The pro’s were commented on as well; more economical for parties, more efficient for the Court in certain cases, and allowed for out of town, out of state parties/witness to be accommodated with Zoom hearings.

The consensus is Covid and Zoom are both going to be here for a while so attorneys need to adapt. Additionally, some level of Zoom is here to stay and that will make Court and attorney’s more efficient for clients in the future.

If you are interested in learning more about CABA click.

Matthew Thompson is a civil litigation attorney in MS and managing in a Covid-crazed world.

Leadership: MS Style…

lead·er·ship
noun
  1. the action of leading a group of people or an organization.

Mississippi is in the headlines again. This time due to MS being the last state in the country that has the Confederate battle flag in its state flag.

There is a growing push to change the flag to something that is more representative of MS today, as opposed to the late 1800s.

As usual, there are loud voices pro and con for any change.

However, there are meek voices in between. Our most prominent elected officials are not stating their view, but instead are saying let the people vote. This is not leadership.

We the people elected these persons as our representatives. Their job is to represent the will of the people and do what is best for MS.

While I am supportive of a change in the flag, I understand that others are not, however the task for elected officials is to do and promote what is best for all of Mississippi.

I have yet to have any answer to the question on “why keeping the current flag is best for MS?”

I’ve heard heritage vs. hate arguments. I’ve heard we already voted arguments. I’ve heard the slippery slope arguments of what’s next if it is changed, but what is deafening is any cogent, reasonable reason to maintain the current, indisputably divisive flag.

Leadership is the action of leading. It is time for our Leaders to have an opinion, back it up and do what they believe is best for all of Mississippi. Take a stand.

Matthew Thompson is a civil lawyer in Mississippi and expects elected officials to lead.

MS Bar Convention Cancelled

For the first time in 15 years I will not be attending the annual Mississippi Lawyer’s meeting in San Destin, FL.

https://www.msbar.org/news/bar-convention-in-florida-canceled/

This convention is one of the highlights of lawyering. It’s a week of seeing your judges not in their robes and with their hair down, so to speak.

It’s an opportunity to see lawyers from all over the state in a friendly atmosphere that sometimes the Courtroom does not provide.

The Bar Convention allows attorneys to earn their annual CLE requirements, meet new lawyers, judges and their families, and to unwind.

A virtual Bar will takes its place. I will attend; COVID-19 be damned.

Matthew Thompson is a civil litigation attorney in Mississippi and can answer your questions at (691)850-8000.

Quote of the Day: Covid-19 & Homeschooling.

I’d rather have him watch classic Godzilla movies and play in the yard and pretend to be a Jedi rather than figure out basic math.

A Boston, MA parent is tired of homeschooling his kindergartener.

Amid the barrage of learning apps, video meet-ups and e-mailed assignments that pass as pandemic home school, some frustrated and exhausted parents are choosing to disconnect entirely for the rest of the academic year.“Id.

Respect and admiration for teachers are growing as the pandemic-forced school closures continue.

As a parent, your job is to do what is best for your child, even during a pandemic.

Matthew Thompson is a child custody lawyer and enjoys his share of Godzilla and Jedi movies, but reminds parents that rearing your child continues to be a top priority.

Mississippi Essential Services; COVID-19 & Executive Order 1463

While we are operating under a Shelter-in-Place Order, some of us are deemed essential and are still carrying on. Below is a cut and paste job of Mississippi’s listing of “Essential” businesses and personnel.

This includes all law enforcement, fire and rescue, court personnel, military, 911 and Child Welfare workers.
Manufacturers of food, medical, pharmaceutical, chemical, automotive, and energy among others…

Chiefs vs. 49ers; Motion for Continuance