Category Archives: Irreconcilable differences

Two Family Law BILLS Died in Committee

Mississippi legislation kicked around 2 significant ideas for changes in Family Law. Both failed to become law in the State.

This “was the year” for Irretrievable Breakdown, Mississippi’s answer to No Fault Divorce.

In MS, you do NOT have a right to a divorce. You either have to have fault grounds that you can prove to the satisfaction of the Chancellor or have an agreement with your spouse to ALL issues. 48 other states have a No Fault Divorce process. MS does not.

Thirteenth. Upon application of either party, the court may
grant a divorce when the court finds there has been an
irretrievable breakdown of the marriage and that further attempts
at reconciliation are impractical or futile and not in the best
interests of the parties or family.

Secondly, a Joint Custody bill was proposed. There were several iterations of this legislation, but the gist of it was that the Court was to assume that Joint Physical Custody was in the best interest of the child when parents could not agree (and, even if they could) and if the Court found Joint Physical Custody was not in the best interest of the child it had to state why. (There were some issues with the proposed legislation as it was drafted, but this Bill found some traction and was discussed and bandied about for weeks…ultimately to no avail).

(2) * * * (a) There shall be a presumption, rebuttable by a
preponderance of evidence, that joint custody and equally shared
parenting time is in the best interest of the child. If the court
does not grant joint custody and/or equally shared parenting time,
the court shall construct a parenting time schedule which
maximizes the time each parent has with the child and ensuring the
best interest of the child is met.
(b) Upon petition of both parents, the court may grant
legal and/or physical custody to one parent.

Both bills failed and there are limited changes to MS Family Law. A blog for another day.

Matthew Thompson is a Family Law Attorney in MS and is in favor of some common sense changes in Mississippi Law.

What Does it Look Like when you are Not Ready for Divorce?

I have written several times on sometimes just not being ready. I have seen multiple instances of person just not being ready…

What are the signs of Not Being Ready?

Things are moving TOO Fast.

The divorce process is actually fairly slow in Mississippi. It is typically at least 60 days with the average cases taking closer to 90 days, if uncontested. If contested, the case could take 6-18 months. A few take even longer!

Things are TOO Emotional.

Of course divorce is highly emotional. In some respects you may never “get over it.” However, the best results require that you treat the financial aspects as a business transaction. If you are so focused on the emotion, getting even or some other aspect, you’ll regret it later.

It makes NO Sense.

If you are in a brain fog and cannot explain in plain terms what the lawyer has explained to you, you may not be ready. I don’t expect you to know every legal term of art, but there are some very important concepts you need to understand.

It’s TOO Hard.

Getting to simple agreements is a Herculean effort. When commonsense has left the station.

These are just a few indicators of Not being ready. Be on the lookout for these signs in your spouse and/or yourself. Recognizing these issues will allow for them to be better handled.

Matthew Thompson is a Divorce and Custody lawyer in Mississippi and warns you that negotiating a divorce when you are not ready may result in regret.

Changes in Family Law Coming?? (for Mississippi)

Word on the street is that some changes are coming in family law in Mississippi…

Possible changes include;

Changing the age of majority from 21 to 19.

This change involves the time period a non-custodial parent would have to provide child support and certain other child related benefits. It could impact health insurance, extra curricular expenses and school expenses- unrelated to college. The vast majority of other states is 18 or 19 years of age- for age of majority.

Another change is adding a ground for divorce if your marriage is irretrievably broken.

Irretrievable breakdown means that the marriage is broken beyond repair, this quasi-no-fault ground tells a court that at least one spouse wants to end the marriage, which generally should be enough for a judge to grant a divorce.

This is a potentially significant change and would align Mississippi divorce law with 48 other states. This change would significantly streamline the current fault vs. consent requirements.

In June of 2021, the Mississippi Legislature established this task force to study Mississippi’s domestic relations laws and to develop recommendations to the Legislature and the Mississippi Supreme Court to recommend needed changes in MS Family Law.

Members of the task force included;

• Senate Judiciary A Chairman Brice Wiggins of Pascagoula and House Judicial A Chairman Angela Cockerham of Magnolia;
• Supreme Court Justice Kenneth Griffis of Ridgeland, Chancellor Troy Odom of Brandon and Chancellor Jennifer Schloegel of Gulfport, appointed by Supreme Court Chief Justice Mike Randolph;
• Court of Appeals Judge David Neil McCarty of Jackson, appointed by Court of Appeals Chief Judge Donna Barnes;
• attorneys Mark A. Chinn of Jackson, Donna S. Smith of Columbus, A. Regnal Blackledge of Collins and Diandra Hosey of Jackson, appointed by the Mississippi Bar;
• attorney guardians ad litem Melissa B. DiFatta of Pascagoula and Lee Ann Turner of Starkville, appointed by the Mississippi Bar;
• Division of Child Support Enforcement Senior Attorney J. Michael McCauley of Bay St. Louis, appointed by Mississippi Department of Human Services Executive Director Robert
G. Anderson;
• Professor Deborah Bell of Oxford, Senior Faculty in Service at the University of Mississippi School of Law, appointed by Dean Susan Duncan;
• Professor Shirley Kennedy of Jackson, Director of the Family and Children’s Law Center and Director of Child Advocacy Programs at Mississippi College School of Law, appointed by Dean Patricia Bennett.

Kudos to this fine group of lawyers, judges and academia for much needed changes in MS law.

Matthew Thompson is a family law and defense attorney in Mississippi and welcomes common sense changes in family law.

Somebody can always do it cheaper…is that better?

Cheaper is NOT always better.

Everyone wants a good deal, myself included. However, often in life you get what you pay for!

We’ve all seen the advertisement for the $500 divorce. That could be a really good deal if everything is agreed, it’s just drafting papers and sending for entry.

But, is it a good deal when it doesn’t work? Is it a good deal when it does work, but you weren’t advised of your rights. You did not know about all of the financial and equitable relief you could have gotten.

I’ve seen agreements where the parties agreed to maintain a million dollar whole life insurance policies. They had no idea what that meant or what expense that really involved.

I’ve seen agreements that have not included the correct child support and included terms so onerous a Court would never order it otherwise.

My advice is this, if you spent more than $500 to get married, plan on spending more than $500 to get divorced.

Matthew Thompson is a civil litigation attorney in Mississippi.

Marriage is a Fundamental Right, Divorce is NOT.

The United States Supreme Court has ruled that you have a fundamental right to marry the person of your choosing. See Loving v. Virginia, Zablocki v. Redhail, and Obergefell v. Hodges.

This is especially true in Mississippi, but only with regard to the right to marry.

Mississippi is 1 of only 2 states in the US that does not recognize a married person’s absolute right to a divorce. South Dakota is the other state. This means that in Mississippi your spouse has to agree to the divorce and ALL of the terms of the divorce (irreconcilable differences) OR you have to have Fault Grounds against your spouse that you can prove to the satisfaction of a Judge.

If there is no agreement by the spouses OR you do not have OR cannot prove fault grounds you will just stay unhappily married.

So, what happens if your spouse will not agree and you cannot prove grounds? You stay married or you move away. Those are your options.

Matthew Thompson is a Family Law Attorney in Mississippi and can help you get out of being unhappily ever after.

60 Days = Divorce?

Sixty days and you are divorced is NOT the law in Mississippi.

§ 93-5-2 – Divorce on ground of irreconcilable differences

“(4) Complaints for divorce on the ground of irreconcilable differences must have been on file for sixty (60) days before being heard... the provisions of Section 93-5-17 to the contrary notwithstanding.”

60 days is NOT a deadline. It is a minimum, mandatory waiting period. It provides sufficient time for a cooling-off period and typically sufficient time to do all of the things necessary to complete the paperwork required in an Irreconcilable Differences divorce.

You are NOT automatically divorced on day 60 or 61. It means that AFTER 60 days the completed paperwork may be presented to the Chancellor for their review and approval.

Additionally, all of the paperwork does NOT have to be completed before you file and the Court will keep the file open for at least 12 months with no additional activity. This means at any point after the initial filing and 60 days, a divorce may be presented and finalized.

Matthew Thompson is a “No Fault” divorce attorney in Mississippi.

Happy Birthday! Donate to Mississippi Legal Services

In lieu of birthday presents this year, I’m asking that you consider making a donation to Mississippi Center for Legal Services Corporation.

Legal Services afforded me my first legal “job!” The summer of my first year of law school I volunteered with them. I was assigned to work with an amazing attorney, Lula Anderson.

Attorney Anderson was one of the contract family law attorneys at the time and I heard Irreconcilable Differences Divorce 101 more times than I could count that Summer. Due to that experience it helped me get a paying clerkship with the family law firm Chinn & Associates, paving the way for Thompson Law Firm.

I’ve chosen this nonprofit because their mission means a lot to me. Legal Service’s attorneys represent low income families, pro bono, in Mississippi that need civil representation.

A lot of the great people I worked with are still there, including; Tara Bryant Walker, Richard Hitt, and Lindia Robinson just to name a few.

Since establishing my own firm, I have continued to volunteer with Legal Services. I now serve on the Board of Directors and routinely speak at Continuing Legal Education seminars for Legal Services. I’ll be presenting a Family Law Update on July 27 in Hattiesburg.

I hope you’ll consider contributing as a way to celebrate with me. Every little bit will help the goal.

This link goes to the Facebook donation page.

331197450751450/331197460751449/https://www.facebook.com/donate/

No Facebook? Donate directly here.

Matthew Thompson is a Mississippi Family Law attorney and Board member with Mississippi Center for Legal Services.

Clarion-Ledger: Protecting families, or prolonging misery?

Protecting families, or prolonging misery?

LINKEDIN

Matthew Thompson is a Mississippi family law attorney and professor, and having difficult, drawn-out and costly divorces would be good for his pocketbook.

But Thompson supports reform and changes to divorce laws, “even though it’s against my own self interests.”

“The current laws make it expensive, and in some instances, impossible to get a divorce,” said Thompson, whose firm focuses on family law statewide and who is a professor teaching domestic relations at Mississippi College’s law school.

Thompson said the Legislature’s recent divorce law reform, removing a corroboration requirement for abused spouses, is a needed change.

“Our law has required cruelty claims be corroborated with evidence beyond that of the victim’s testimony,” Thompson said. “… Even if the court believed you, you had to have a neighbor, family member, police report or picture, or you didn’t have corroboration … Now, if the court finds the victim truthful and credible, the court can accept that. If you take a step back and think, that makes sense. Our judges have always been the lie detector, always the barometer of whether someone was credible.

“There is some form of abuse in a vast number of divorce cases,” Thompson said. “Not every one, but a lot of them. When you drill down and include physical, mental, emotional, verbal abuse — It’s a significant number of cases. We as human beings treat the people we are supposed to love the most the worst.”

Thompson said he supports Mississippi creating a “no-fault” ground for divorce. South Dakota is the only other state without such a ground. He said opposition to this change, from those saying it will weaken the sanctity of marriage and increase divorces, is misguided. In practice, Mississippi’s lack of a no-fault ground allows one spouse to hold up a divorce, sometimes for years.

“The idea behind making it difficult to get a divorce is that Mississippi is promoting marriage,” Thompson said. “But when you go 10 years and it costs tens of thousands of dollars — those aren’t intact families trying to get back together.

“Our law promotes divorce blackmail,” Thompson said. “… You have to pay what I say, or agree to what I want, or I won’t agree to a divorce … You have a fundamental, constitutional right to marriage, according to (a U.S. Supreme Court ruling). Shouldn’t you have a fundamental right to a divorce? I guess the counter to that is that you don’t have to get married.”

Thompson said some of the moral and religious arguments focused on divorce policies should be focused on the front-end, marriage policies.

“Our state has made it phenomenally easy to get into a marriage,” Thompson said. “There used to be a three-day wait, used to be a blood test requirement. But now you just go to the circuit clerk and pay $25.

“Studies show having mom and dad happily married and living together is what’s best for children and families,” Thompson said. “Having mom and dad get along and living separately would be second best. Mom and dad living together and fighting and being miserable, whether it’s violent or just cold war, that’s not the best. If this is really about protecting families, there are ways to do that, but still have an appropriate and reasonable means to get out of a marriage. It shouldn’t take a beating or physical violence to get there.”

Contact Geoff Pender at 601-961-7266 or gpender@gannett.com. Follow him on Twitter.