Category Archives: Irreconcilable differences

Child Custody, Child Support, Divorce, Irreconcilable differences, Marriage, Modifications

Family Law Practice Areas…defined.

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Family Law areas defined for you. There is a lot of legal terminology used everyday that we attorneys take for granted that everyone knows what they mean, but that is not always the case.  Here are a few of the major areas of family law, the simple explanations and links to more information.

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  • Divorce– the legal and final end to a marriage, a.k.a. “a conscious uncoupling”

Fault Process and “No-Fault” process.

  • Child Custody– determination of the custodian(s), visitation schedule and important decision making for a minor child.
  • Child Support– who pays, how much and for what.

Additional practice areas will be featured and defined throughout the year.

Matthew Thompson is a family law  attorney  and handles a variety of family law legal matters.

Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Child Custody, Child Support, Divorce, General Legal, Irreconcilable differences, Marriage, Opinion, Property Division, Visitation

New Judges are Coming… 11th, 20th, & 4th Districts; The Scoop on the Candidates.

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Family Law is not necessarily full of exciting news. Sure, we have juicy stories of debauchery, but that has occurred since man became upright…

Illustration by Barbara Kelley 

But, getting 3 new Judge positions is exciting!

Governor Bryant signed into law a bill that creates 3 new judges to hear divorce, custody, child support, paternity, will, estate and land matters, among other limited areas of the law.

These 3 new judges will be over districts that have been in much demand for another Judge.

District 11 is getting a 3rd Judge. District 11 covers Madison, Leake, Holmes and Yazoo counties. The Current Judges are Cynthia Brewer and Robert Clark, III.

The candidate for this seat is James Walker (click for website). Walker is the current Family Master for the District, hearing Emergencies,Temporary Hearings and the types of matters the current Chancellors hear. Walker is the former staff attorney for Judge Cynthia Brewer and former staff attorney for DHS.  Walker is the definite front-runner (FB).

District 20 covers Rankin County and will likewise be getting a 3rd Judge.  The current Judge is John Grant.  There is a vacancy for the 2nd Chancellor due to the untimely passing of Judge Dan Fairly– which will be filled, most likely, by appointment and special election.

Craig Slay is the only candidate that has qualified for the new position, but the rumor mill has at least 4 other candidates in the mix. Slay is the Board Attorney for the  Rankin County Board of Supervisors and has practiced law for nearly 20 years. At the time of this post Slay’s social media presence was not readily apparent.

Prentiss Grant is one of those candidates. He has announced publicly to be in the running for Rankin Chancery Judge, though not listed yet on the Secretary of State’s website.  P. Grant has practiced for over 25 years and handled many Chancery Court cases, among criminal and personal injury areas of practice as well.

This will be an exciting race to watch!

District 4 covers Amite, Franklin, Pike and Walthall counties and will be getting a much needed second Chancellor.

Conrad Mord is the only candidate to toss his hat in the ring so far. Mord has practiced in the district for 40 years and currently serves as the Youth Court Referee, a.k.a. Youth Court Judge. The current lone Chancellor is Debbra Halford.

Stay tuned for all of your Family Law Judge news.  This election coverage will be updated as more candidates qualify, though not so much coverage as to be soul-crushing to the casual reader!

Matthew Thompson is a family law attorney and is interested in the election process and the candidates that will decide critical issues for Families in Mississippi.

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.

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Child Custody, Divorce, General Legal, Irreconcilable differences, Marriage

The Worst Fault Grounds Ever = A Divorce.

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Emotional abuse, verbal abuse, multiple affairs are all grounds for divorce in Mississippi.

David Castillo Dominici /freedigital photos.net

But, what if your spouse was really bad?  What if they said, as my grandmother-in-law used to say, “both words?”  IE: “I was so mad that I said ‘both words!'” What if you had really, really bad grounds and lots of it?

That gets you a divorce.

One affair or 1,000= a divorce. Being incarcerated for 1 year or for life = a divorce. Abandonment and the other grounds, if proven, gain you a divorce.

Here’s what Fault does not equate too.  “Getting taken to the cleaners.”

A mother having an affair does not lose custody because of that fact alone. A father who cheats does not have to pay the wife due to that fact alone. The Court, instead, looks at the totality of the circumstances.  If you are a good parent despite your fault you will still get to see your child.  If it was a short marriage or your spouse makes more than you, you will not have to pay a boat load just because you messed up.  Courts do not “punish” you financially for affairs, usually.

Just because you messed up does not mean you have to continue messing up. Just because you messed up does not mean you will pay for it the rest of your days. But, if you are messing up Stop now and call an attorney.

Matthew Thompson is an Attorney practicing Divorce Law in Mississippi and may can help you even if you really, really messed up.

Follow the blog: BowTieLawyer 

Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or more information on Child Custody and Divorce. (601) 850-8000 or Matthew@bowtielawyer.ms.

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Divorce, General Legal, Irreconcilable differences, Opinion

BlackMail is Legal in Divorce – The Law in Mississippi; Promoting Fights Since 1976

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Mississippi law provides for parties to gain a divorce through one of two methods; 1) Agree to the Divorce and all issues, called an Irreconcilable Differences Divorce, or 2) pursue a Fault Based Divorce granted due to the other party’s misconduct. That’s it. Mississippi does not have a true NO FAULT divorce process.

So,what happens if you cannot agree and do not have grounds?

Divorce Blackmail

In the mid 1980’s this issue was pointed out by the Mississippi Supreme Court.

       “Prior to 1976 mature and responsible people who found their marriages irretrievably broken were offered by our law absurd choices…the complaining spouse had to choose between outright perjury and hoping that the chancellor would not strictly enforce the standards of proof legally required to establish one of the twelve grounds for divorce. The other choice…the ‘knock down, drag out’ fight to which the adversary system invariably leads…frequently creating more problems than are solved. Divorce had become a degrading, dehumanizing experience.”

Gallaspy v. Gallaspy, 459 So.2d 283 (MS 1984). Justice James Robertson, Concurring Opinion

       …further improvements in our law are needed. As enlightened and desirable as was the enactment of the Irreconcilable Differences Act in 1976, the job has not yet been completed…[the] Irreconcilable Differences Act–it facilitates, even encourages, financial blackmail…the chancery court has not authority to grant a divorce…unless the parties have reached an agreement…the spouse wanting the divorce or feeling that he or she must obtain a divorce is subject to financial blackmail. A party without fault grounds and no mutual agreement has only two options; (1) knuckle under and accept less than favorable financial terms or (2) go to court and try to obtain a contested divorce and an accompanying alimony and support award, when, as she and her lawyers surely must have known, she really did not have “grounds.” Id.

Justice Robertson actually proposed adding a 13th fault ground of Irreconcilable Differences, which if proven would allow the Court to award an ID divorce to one party, even over the objection of the other party and would allow the Court to rule upon the support issues.

However, Mississippi law actually perpetuates Blackmail.  If your spouse won’t agree and you don’t have fault grounds then you are STUCK.

There have been a number of bills proposed to end this divorce conundrum, but so far none has gained any traction.  Let me know your thoughts.  Do you support allowing for a true No Fault divorce, or an irreconcilable differences divorce after a period of separation?

Matthew Thompson is a Family Law attorney and is in favor of amending the Irreconcilable Differences divorce statute.

Follow the blog: BowTieLawyer 

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Child Custody, Child Support, Divorce, Grandparent Visitation, Irreconcilable differences, Modifications, Visitation

DONATE NOW to the MVLP; Helping Low-Income Mississippians attain Lawyers

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Low-income Mississippian’s have a definite need for legal services and lawyers and the Mississippi Volunteer Lawyers Project is working to make sure those Mississippian’s get the help they deserve.  MVLP needs your help too.

MVLP

Click Here to DONATE Now.

Q: What is the MVLP?
The Mississippi Volunteer Lawyers Project, or “MVLP,” is a 501(c) (3) non-profit legal aid organization.

Q: What is the Mission of MVLP?
MVLP enables volunteer attorneys to provide equal access to justice for Mississippians of low-income and limited means through high quality pro bono legal assistance.

Q: What types of cases does MVLP handle?

  • Divorce
  • Child support contempt, child support modification,  and visitation.
  • Emancipation
  • Simple wills 
  • Adoption, guardianship, and conservatorships
  • Name change, birth certificate correction,
  • MVLP hosts legal clinics throughout Mississippi which are staffed by local volunteer attorneys and law students.

Q: How does MVLP work?
Qualified clients are matched with volunteer attorneys who will represent him/her on behalf of MVLP. MVLP staff periodically review the client’s case to ensure that the match is successful, to assess the progress of the case, and to record pro bono hours contributed by the volunteer attorney.

Q: How is MVLP funded?
MVLP receives funding from the Civil Legal Assistance Fund, the Mississippi Bar Foundation, Legal Services Corporation, special events and seminars, donations from law firms, other business and individuals like you. Over the past several years, MVLP’s funding from the Mississippi Bar Foundation and the Legal Services Corporation, in particular, has been substantially reduced because of the country’s current economic situation. MVLP anticipates additional cuts from both sources in 2015, making this year’s fundraising campaign especially critical.

Q: How will My Donation be used?
Annual campaign donations will help MVLP to do the following:
• Recruit more volunteer attorneys to provide much-needed legal services to the poor;
• Increase the number of legal clinics and public awareness workshops offered throughout Mississippi;
• Increase the number of training sessions to volunteers on the types of matters handled by MVLP;
• Provide financial support to clients who cannot afford filing fees and other court costs; and
• Allow the organization to actively engage in short- and long-term, strategic planning with a focus on ways to expand its capacity to reach more individuals in need.

Q: What are the fundraising levels?
Benefactor $10000
Sustainer $5000
Partner $2500
Advocate $1000
Patron $500
Friend of MVLP $250

Or any amount.

Q: How can I Donate?
A: Donate online through PayPal at www.mvlp.org/donate.

Mail your donation to MVLP at PO Box 1503, Jackson, MS 39215 or

Call MVLP at 601-960-9577 and a MVLP volunteer can pick up your donation.

Please make a Donation Now!

Matthew Thompson is a Mississippi Family Law Attorney, Board Member for the MVLP, a volunteer attorney for MVLP and has made his donation for the 2014 campaign and challenges you to help as you are able to this worthy cause.  

Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Child Custody, Divorce, General Legal, Irreconcilable differences, Marriage, Opinion

Lying Eyes & Other Signs of Lies and the People That Tell Them.

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If you’ve ever been involved in a family law case then you’ve dealt with someone lying.

Clients, witnesses and even lawyers sometimes lie.  It could be a little white lie or a huge whopper. A former CIA officer said to watch out for these cues that you might be being lied to;

  • The Eyes Tell the Tale.  When asked a question the witness looks up, closes their eyes or looks down, especially on a question they should know.
  • Shielding the Face.  When speaking the person have their hand in front of their eyes or mouth.
  • Verbal Answer/Body Language Disagree.  The best example of this was when the deponent was asked if she was having an affair.  She said, “No,” but shook her head Yes.  When confronted with this she spilled the beans.
  • The Delayed Response.  Some things you should not have to think about.
  • Fidgeting.  Messing with your hair, your cup, or your pen when answering.
  • Nose Grows.  Think Pinocchio.  Very rare*

Want to know more about lies and the people that tell them?  Try these;

Matthew Thompson is a Divorce Attorney in Mississippi and advises you to NEVER lie while under oath.

Follow the blog:#BowTieLawyer

 You may also contact Matthew with your family law matter or question at (601) 850-8000 

Child Custody, Child Support, Divorce, Irreconcilable differences, Modifications, Opinion

The First Phone Call to the Attorney; What to Know?

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The first step is always the hardest!

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When you call a Family Law Attorney for the first time there are some basics that are pretty universal.  Be ready with this information.

  • Your full name and that of your spouse/defendant
  • Whether anything is on file in any Court
  • Critical deadlines, trial dates, hearing dates, etc…
  • Who the attorneys are, if any
  • Who the Judge is
  • What Court you are in, if so
  • What County is home for you
  • Date/Place of Marriage
  • Date/Place of Separation
  • Ages of children
  • Job description and approx. income
  • Whether it will be contested or Agreed

These are the basics that any family law practitioner is going to need to do a conflicts check and to do a proper evaluation of your case.

Matthew Thompson is a Divorce Attorney in Mississippi and encourages potential clients to educate themselves and know their stuff!

Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

 

Child Custody, Child Support, Divorce, General Legal, Grandparent Visitation, Irreconcilable differences, Marriage, Modifications, Opinion

Chancery Judge Campaign in Full Swing.

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Madison, Yazoo, Leake and Holmes Counties will be getting a new Chancery Judge in the November 4, 2014, election.

A Chancery Judge hears matters involving wills and estates, child support and custody of minor children, divorces and alimony, and lunacy or commitment hearings.  The Judges also handle other matters, such as petitions to incorporate or enlarge a city, the establishment and management of drainage districts, children’s welfare funds, and other projects.

Why should you care?  Because this will be your judge if you find yourself in Court and it’s not due to a criminal case, a car wreck or an unpaid bill.

Who are the Candidates?

Bluntson has practiced law in Mississippi for the past 20 years.  She began her legal career in 1994 as a staff attorney for Mississippi Child Support.  Thereafter, she opened her private law firm where she handled divorces, child support, child custody and wills & estates cases.  A few years after the death of her husband, Barbara Ann was hired by the City of Jackson as the Chief City Prosecutor.  She maintained that position for 10 years.  As city prosecutor, Barbara Ann and her staff prosecuted in excess of 8,000 misdemeanor cases per year.  She also assisted domestic violence victims with Petitions for Protective Orders when they were filed in municipal court.  Barbara Ann currently serves as Deputy City Attorney for the City of Jackson and City Prosecutor for the City of Durant.  She is also a certified Family Law Mediator.

Clark is running for Chancery Judge because he believes the citizens of the 11th Chancery District would benefit from his experience, skills and proven record of serving the public in the district; as an Attorney, Municipal Judge and Youth Court Judge.  He has represented the citizens of the district in Chancery Court handling all types of cases. He touts that he is the only candidate that was born, raised and practiced law in District 11, Sub-district 1.  If elected Judge he promises to work daily to be fair and impartial judge who demonstrates sound judgement and run an efficient court.

Each name above is clickable, directing you to their election site as well as their FaceBook page.  Do your research, pick a candidate and vote!

Matthew Thompson is a Child Custody and Family Law Attorney and handles cases in Chancery Courts throughout Mississippi.

Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

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