Category Archives: Marriage

Child Custody, Divorce, General Legal, Marriage

Mississippi & Same Sex Marriage; The End or the Beginning?

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Think about this question posed by Federal Court Judge, Carlton Reeves, yesterday:

“What is the state’s rational basis that same-sex couples can’t marry … and its prohibition of same-sex couples from adopting children when all a child wants is to be loved, and they don’t care by whom?”

At least two instances of persons challenging Mississippi’s ban on same-sex marriage and adoption are now pending before the Federal District Court. A number of Federal Circuit Courts have struck down similar state bans and the trend is growing.

The response to the Judge’s inquiry was “responsible procreation.”  However the days of “having” to be married to procreate have gone out the window. Additionally, it has no bearing on infertile couples, elderly couples or even prisoners, all of whom still have the legal right to marry so long as it is a person of the opposite gender.

Mississippi’s ban, I predict, is the next to be struck down. There’s not a rational basis for gender discrimination when it comes to marriage.  There are arguments on a religious basis and tradition, but neither of these arguments will carry the day, nor will responsible procreation. These cases and the Mississippi law really turn on same-gender arguments and whether there is a rational basis, the legal standard required, to place limitations on the rights of same-gender couples as opposed to purely sexual orientation arguments. Stay tuned.

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Matthew Thompson is a Mississippi Family Law attorney, Adjunct Professor of Domestic relations, admitted to practice before the U.S. Supreme Court (pictured above) and predicting a change in Mississippi law very soon.

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, Marriage

Here Comes the Judge; Election Results

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Mississippians elected some new Judges and re-hired some familiar ones.  Of the contested elections here’s what we have so far.

Winners in Bold.

Chancery Court, District 11, Place 1 (Madison, Yazoo and Holmes)

This is a new Judge as Judge Goree is retiring.

Chancery Court, District 8, Place 2 (The Coast)

Chancery Court, District 8, Place 3 (The Coast)

Chancery Court, District 13, Place 1 (Covington, Jefferson Davis, Lawrence, Simpson & Smith)

This race was interesting as the incumbent, Shoemake, ran and won against Buffington in the last election – who was the Judge prior to Shoemake. Buffington sought to be re-hired, Shoemake held the seat.

Chancery Court, District 13, Place 2 (Covington, Jefferson Davis, Lawrence, Simpson & Smith)

Heading for a run-off between Martin and Burnham. This seat was vacated by Joe Dale Walker for Judicial misconduct.

Chancery Court, District 16, Place 1 (The Coast)

Too close to call and are still counting affidavit ballots.

Chancery Court, District 16, Place 3 (The Coast)

Fondren will be a new Chancery Judge and this race was interesting as the outgoing Judge, Chuck Bordis, withdrew from the race. There was gossip of soap opera issues between Bordis and Fondren.  Interestingly, its exactly the type of matters Chancery Judge’s hear. Nothing better than real-life experience for preparation for the job.

Chancery Court, District 18, Place 1 (Benton, Calhoun, Lafayette, Marshall & Tippah)

Chancery Court, District 18, Place 2 (Benton, Calhoun, Lafayette, Marshall & Tippah)

Matthew Thompson is a Chancery Court Attorney in Mississippi and will continue to update the Family Law Judicial elections that effect 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 or Matthew@bowtielawyer.ms.

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Divorce, General Legal, Marriage

Easy to Get Married; Hard to Get Divorced.

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“Easy Come, Easy Go” does NOT apply to Family Law.

http://www.triggerandfreewheel.com/comic/easy-come-easy-go

It’s easy to get Married. Quick, too.  Just show:

  1. Both parties must apply together
  2. Both parties must present a valid I.D. (Driver’s License, Birth Certificate, Military I.D., DD214, Baptismal Certificate, Life Insurance Record, School Record, or any other official document evidencing age. The Clerk shall retain a copy on file.
  3. $23.00 CASH fee (or similar fee depending on County)
  4. If either party has been divorced within the last six (6) months, a copy of the divorce decree is required

Additional Information

  1. If either applicant is under TWENTY-ONE (21) years of age, parental consent is required
  2. The female applicant must be at least fifteen (15) years of age to apply
  3. The male applicant must be at least seventeen (17) years of age to apply
  4. The license may be used only in the State of Mississippi

Harrison County Circuit Clerk.

It can be very difficult to get a Divorce.

You and your spouse must;

  • Agree to a Divorce
  • Agree to all of the Terms of the Divorce Agreement (including custody, support, visitation, property division and financial terms)

The basic process is;

  • File a Joint Complaint for Divorce (this begins a 60 day waiting period)
  • Prepare and exchange financial Statements
  • Prepare and sign the Child Custody and Property Settlement Agreement
  • Prepare and sign the Final Judgment of Divorce
  • Present the paperwork to the Court for approval (after 60 days of the initial filing)
  • Possibly attend Parenting Class

This ONLY works if you and your spouse can AGREE To EVERYTHING.  If you cannot then you must pursue a Fault based divorce.

Fault requires:

  • File a fault-based Complaint for Divorce (determine if you need Temporary Relief)
  • Have a Summons issued (Rule 4, 81 or both)
  • Have your spouse served with the documents
  • Prepare and attend a Temp. Hearing
  • Propound Discovery
  • Issue subpoenas
  • Respond to Discovery
  • Take Depositions
  • Have a Contempt hearing
  • Prepare and exchange financial Statements
  • Possibly attend Parenting Class
  • Set Trial
  • Prepare for trial (6-12 months from now)
  • Trial gets continued for some reason
  • Attend Trial
  • Await Ruling
  • Be aggrieved
  • Both parties file Appeals
  • 1 1/2 years later get ruling on appeal
  • Matter is Remanded
  • Repeat the above

“… it is the greatest of all mistakes to begin life with the expectation that it is going to be easy, or with the wish to have it so.”
― Lucy Larcom

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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Divorce, Marriage

How to Fix a Marriage?

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I am a divorce attorney.

By nonicknamephoto/ freedigitalphotos.net

I may can help save your marriage.  I know it sounds inconsistent, but my job is to know the law regarding divorce in my state, advise you with regards to your best interests, protect your interests as I am able and to comply with your requests as much as possible within the realms of legal, moral and ethical authority.

Fixing a Marriage does not come in a manual.  There are no quick fixes, nor a consistent 3-step process, but there are some things in common that relationships that can be salvaged exhibit.

1) Both parties Desire or are open to Reconciliation.  If one party ain’t having it, it ain’t happening.

2) Both parties Try.  One party giving all the effort and the other being the limp-fish won’t get you back together.

3) Both parties accept the Risk.  Falling in love, falling on your face, falling out of love.  Risk is inherent in all relationships.

4) It takes time.  This is not a fast process.  The “end” was usually a long time coming, a build up of disappointment, or lies, misconduct or growing apart.  It took time to fail. It takes time to heal.

Saving a marriage is possible, but hard.  It takes the “want to,” the “effort,” the “risk” and “time.”  You still may fail, but you then know you did everything you could.

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Divorce, Marriage, Opinion

Bad “Divorce” Tattoos?

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What says “My Marriage is Forever” better than a tattoo?  Well, maybe saying it.

Below are some potentially “bad” tattoo ideas…

Think this guy likes Brenda? Does Brenda like him?

Hmm…things aren’t exactly lining up.

That heart looks easy to break.

Matthew Thompson is a Family Law Attorney in Mississippi and warns you that tattoos may be longer than your marriage, act accordingly.

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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Divorce, General Legal, Marriage

How to Know if Your (Ex) In-Laws HATE You.

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Divorces don’t only end a marriage. A lot of times they end friendships and extended family connections.

Once that divorce is final sometimes a clean break is best.  Sometimes a clean break is not possible…So, how do you know if your former in-laws hate, hate, hate you?

They sue you!

In one case, shortly after an acrimonious divorce was final, the ex-husband received a notice from the bank that his account was being garnished. The call came quickly.

Q: “What is this? How can I be Garnished?”

A: “Someone has a Judgment against you…”

Legal research revealed a law suit in Justice Court. A Default Judgment was entered, which included a money judgment. A Writ of Garnishment was also filed.  All of this done, by the way, with NO notice or service on the Defendant.

Who was the intrepid filer, you ask? The now ex father-in-law.  He was mad, to say the least.

As justice requires, these actions were set aside.  A Motion to Set Aside and Stay of Garnishment were filed.  Notice and actual process was served on the opposing party, the proper way. It was proven that the ex father-in-law provided an address he knew to be incorrect for the now ex son-in-law resulting in no notice or process.  As there was no Process – meaning actual notice or service, the judgment was void and set aside for a do-over.

What was the issue?  A missed vacation and a non-refunded deposit. Yes. The ex father-in-law sued for the return of a vacation deposit that he planned, he paid, that he owed, that he decided not to take because the “family blew up.”

So, can you sue your ex in-law for a missed vacation? Yes.  Will you win? No.  Should you? No.  Does that make you a terrible person? Could be…

Matthew Thompson is a Divorce Attorney in Mississippi and suggests you not sue your family members, if you can help it.

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, Marriage, Modifications, Opinion

Leaked Photos!

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The headlines have been abuzz of leaked celebrity photos in compromising positions, including Jennifer Lawrence and Kate Upton.

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However, celebrities aren’t the only targets of this type of conduct.  All too often these are threatened to be made public or sent to your mother by your former significant other when pitted against one another in a heated divorce or custody case.  You mean your soul-mate may turn on you?  In a second!

In addition to being embarrassing the pictures can influence a Court’s determination on contributions to the stability of the marriage and custody.  I am not saying you lose your kids because you took naughty photos, but depending on what they depict and whether they include illegal activity they may well impact your case and may also impact negotiations. You may settle for less than you should to prevent them from being used.

So, how do I keep these from being used against me? Easy, don’t allow them to exist in the first place.

What if they already do?  Tread carefully…

Matthew Thompson is a Divorce Lawyer in Mississippi and cautions you to NOT put yourself in compromising positions.

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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Divorce, Marriage

First Recorded Divorce in the U.S. (Colonies, actually)

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In the Quarter Court of Boston, Massachusetts Bay Colony

Anne Clarke                                                                              Plaintiff

vs.                                                                                          1643-0001

Denis Clarke                                                                          Defendant

Complaint for Divorce

       COMES NOW, Anne Clark, a resident of the Massachusetts Bay Colony and files this her Complaint for Divorce and Other Relief, and would respectfully show unto this honorable Court, as follows;

      1.  Plaintiff, Anne Clarke, alleges as her ground for divorce Uncondoned Adultery and/or Abandonement…

History.com and the Nottage and Ward Blog note the first recorded divorce in the American colonies involved Anne and Denis Clarke of the Massachusetts Bay Colony.  In January 1643, a divorce was granted by the Quarter Court of Boston on the ground that Denis abandoned Anne to be with another woman.

In a signed affidavit, Denis confessed his actions. There were two children of the marriage and Dennis sired two children with his paramour. He also refused to return to Anne. The Quarter Court of Boston granted the divorce to Anne based on Denis’ conduct.

Divorce, it’s been here at least 371 years…

Matthew Thompson is a Divorce Attorney in Mississippi and can help make your marriage History.

(601) 850-8000 or Matthew@bowtielawyer.ms.