Category Archives: Marriage

Divorce, General Legal, Marriage

Getting UnMarried Without a Divorce (Death is NOT the Only Way Out)

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There are ways to end a “Marriage” other than divorce, and no, I am not talking about death…

http://eofdreams.com/ death.html

I have previously blogged on Annulment and the very limited circumstances that one may be requested.  However, I recently had another Annulment scenario arise that is worth mentioning.

Mississippi has specific licensing requirements to get married.  You have to have a licensed issued, you have to have a ceremony and cohabit.  The license is issued by the Clerk, the Ceremony is the thing you have at the beach, or the church, or the Court House and Cohabiting is living together.

But, what happens when there is a failure of one of the (3) requirements?

Typographical errors in the license do not invalidate a marriage when the marriage is consummated and you are living together.  Failure to comply with licensure requirements and NOT living together does not a marriage make. This situation would result in an Annulment.

But, what if there was no ceremony? 

Failure to have a Ceremony is fatal.  It does not matter if the license was issued. It doe not matter if you shacked up.  If you did NOT have a ceremony; at the beach, church, Court House, or backyard, if you did not jump the broomstick, you are not married.  A Ceremony, of some type, is required.

So, want your marriage to Count- get a license, have a ceremony and live as husband and wife.

Matthew Thompson is a Divorce/Annulment Lawyer in Mississippi and reminds you to act fast if you are seeking an Annulment.

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, 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 

Marriage, Opinion

The 3 Best Kept Surprise Secrets for a Happy Marriage…(you will not believe #3!)

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Happy Marriages are not only in fairy tales.  They take work, but do exist in the real world.

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So, what are 3 of the best kept secrets for a happy marriage?

  1. Work out.  Exercise is good for your physical and mental health.  Exercise results in your body releasing enodrphins which make you feel good. Also, one partner working out and being healthy may well help encourage the other party the inspiration they need to do the same.  You do not have to go crazy, just go.
  2. Cook a Meal for the Other.  Cook they’re favorite meal.  Even if you cannot cook, try.  It’s the “trying” that gets you the credit. Alternatively cook together.
  3. Hire a Lawn Service. But, you just said to work out, but mowing the yard and weed-eating are awful.  More fights over when, who and whether the lawn gets cut Friday, Saturday and Sunday are had every week than fights about oil changes. Obviously expense may be a factor and a few poor souls may find their satisfaction from yard work, but if you are like most folks it is a thankless, hot, annoying chore that always needs to be done, seemingly.

Matthew Thompson is a Divorce Attorney in Mississippi and while these may or may not be the secrets that make your marriage magic, striving for things in common and focusing on the important parts of life are never a bad thing.

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, Marriage, Opinion

Judge Candidate Pledges to Donate to Charities, Matching Monies Spent by Opponent

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Here’s a fresh take on Judicial campaigning.

Joseph A. Scalia Candidate for Family Court Judge – Department B

A candidate for Nevada Family Court Judge, attorney Joseph Scalia, has announced a dramatically different approach to running his campaign for Judge.  Instead of the usual fund-raising and spending, Scalia has pledged to match, dollar for dollar, all monies spent by  his opponent on campaigning with matching donations to local, non-profit charities in the Las Vegas, Nevada area.

Citing  an example of unnecessary spending, Scalia noted that his opponent spent $100,000.00 in the primary and garnered 19,000 votes.  Scalia spent a reported $0.00, that’s zero!, and garnered over 16,000 votes.  No candidate received a majority so there will be a run-off.

So, political advisers, campaign strategist and consultants take heed,  Joe Scalia is throwing judicial and political campaigning on its ear.

Read about Mississippi Judicial Races and Matters here; Chancery Race 11th District, Picking Your Judge.

Matthew Thompson is a Family Law Attorney in Mississippi and thinks Joe Scalia is on to something…

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

The BEST 2 Rules for Handling your Divorce Case; Don’t Threaten and Don’t Bluff.

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2 Rules in Family Law and Negotiations to live by involve messing with the bull.

Frank Evans, Matador

#1 Don’t Threaten.  Do NOT threaten to take anyone’s kids away, ever. Do NOT threaten to take them to the cleaners. Do NOT threaten to put them under the jail, in the poorhouse or any other unsavory place.  Threats, usually, do NOT work and they incite anger, rage, irrational conduct, fear, resentment and a whole lot of legal fees.

#2 Don’t Bluff.  Bluffing and getting called on it shows weakness, lack of nerve and gumption.  Bluffing in the form of impossible threats, false deadlines and unattainable goals bolsters the other side and invites counter attacks.

So if we cannot threaten and cannot bluff what do we do?

#1  Explain the two courses of action available. 1) The easy way; Settlement, Mediation, working in common accord or, alternatively, door #2) Litigation.  Do not threaten action.  Take action.

#2  Do it.  Do NOT bluff, follow through with taking the actions necessary to accomplish your goals.

Matthew Thompson is a Divorce Attorney in Mississippi, Adjunct Law Professor at MC Law, and part-time soccer coach… and reminds you that when you mess with the bull, you get the horns…

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, Marriage, Visitation

Best Parenting Advice? Be a Reasonable Parent…All the Time.

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Daily, I am contacted about dilemmas concerning what to do and how to do it regarding parenting?

Can he come to the school program?

What happens if she’s late?

What if…?

The best single piece of parenting advice is;

BE A REASONABLE PARENT ALL THE TIME!

Of course he can go to the school program.  Almost anyone can go to the school program.  It’s a safe bet that if it’s open to anyone he can go, unless there is a valid Court Order stating otherwise.  If she’s running late wait 15 more minutes.  Send a text, or bless-it-be, call.  See why she’s late.  She was late to everything you ever did in 12 plus years of marriage!  Why would it be different now?

What if…? As to “What Ifs?” Ask yourself what would a reasonable parent do.  Read more about the best thing you can do for your child here.

So, invite your ex to the next event for your child.  Go out of your way to be cordial and at least not hostile.  Your child wants them there.  TEll yourself that you are being the “bigger” person, if you have to.  It’s what your children need!

Matthew Thompson is a Family and Child Custody attorney in Mississippi reminding you that acting in your children’s best interests should be your #1 priority!

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, Property Division, Visitation

Judge’s Race Just Got Interesting- 11th District Chancery Election is Now Contested

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Previously we blogged about “We the People” getting to pick our Judges.  This year is an election year for most Judgeships in Mississippi and only a few were contested.

img_6390Now, the Sub District One Seat for Madison, Leake, Holmes and Yazoo counties is contested. (See the full candidate list here, current as of April 16, 2014.)  This Court hears matters involving wills and estates, 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.

Attorneys Robert Clark, III, of Lexington, and Barbara Ann Bluntson, of Ridgeland, have both qualified to run for the seat currently held by the retiring Judge Janace Harvey-Goree.  The prevailing candidate will serve as Chancellor over all matters filed in Chancery Court in Holmes and Yazoo Counties and approximately 1/4 of the matters filed in Madison County, if past practice holds true.

Attorney Clark has served as a Youth Court Judge and Municipal Court Judge in Lexington/Holmes County and private practitioner.

Attorney Bluntson has served as the City Prosecutor for Jackson, handling criminal matters, violation of city ordinances and matters pertaining to Domestic Violence.

The qualifying deadline is May 9, so stay tuned to see if any other hats are thrown in the ring.  The election will be November 4, 2014.

Matthew Thompson is a Family Law Attorney in Mississippi, practices frequently in the district at issue above, and is very interested in watching this election and learning more about each candidate. Stay tuned!

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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