Category Archives: Marriage

Judge Election Update: Rankin Chancery, Madison Chancery Judge Elections; Roberts in Rankin, Walker in Madison…

The votes are in. Rankin County is getting a new Family Law Judge, and so is Madison, Leake, Yazoo and Holmes Counties.

Haydn Roberts– current Family Master, former staff attorney has been elected to be the third Chancellor for Rankin County.  This position was recently created by the legislature due to population increases in Rankin County and is much needed and will be a welcomed relief to ease the docket crowding currently in Rankin County.

Roberts stated he was “[E}xcited…I’m going to give everything in me, of course. Looking forward to…Court.

James Walker– current Family Master, former staff attorney and DHS attorney handily won the 20th Chancery District race. This too was created by the legislature due to population increases in the district.

Walker released a statement, “I am deeply humbled and appreciative to be the next Chancery Judge for Madison, Leake, Holmes, and Yazoo Counties. This could not have been done without the support of my friends and family. Thank you from the bottom of my heart. Last, but not least, thanks to the fine citizens of the 11th District for allowing me to serve you as your next Chancery Judge.”

Both candidates worked hard for their respective positions, campaigned with vigor and integrity and have the experience and demeanor to be great.

The Family Law Judiciary in Mississippi just got better!

Matthew Thompson is a Family Law Attorney in Mississippi and can handle your family law matter in Rankin, Madison, Leake, Holmes or Yazoo counties, as well as throughout the State.

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You CAN Pick Your Judge! Rankin Chancery & Madison Chancery

Tuesday, November 3, 2015, is election day.

There are a myriad of candidate seats, but this post concerns the local Family Law Judge races.

Madison, Leake, Holmes and Yazoo Counties.

Two candidates are vying for this seat.

#1  James C. Walker

The front-runner for this seat is James Walker. Walker has the backing of the majority of Family Law and Chancery practitioners in the district. Walker has also worked the beat for this seat. Walker has been at almost every festival, civic event, meet and greet and ribbon cutting in all four counties. If you do not know about this candidate, who he is and what he stands for at this point, it is not for his lack of effort. Walker is the current Family Master for the District; hearing Emergency Petitions,Temporary Hearings and the types of matters the current Chancellors hear. Walker is the former staff attorney for Judge Cynthia Brewer, former staff attorney for DHS and has his own private Chancery practice law firm.

Pearlene Jones

Attorney, Pearlene Jones is the other candidate that has qualified to run.  She is a resident of Lexington,  in Holmes County. She formerly served as the County Prosecutor for Holmes County, a part-time, elected position.

Attorney Jones has been at events local to Holmes County, but I am unaware of any significant campaigning in the other counties.

James Walker will hands-down be elected to this post.

Rankin County

Rankin Counties race will be closer. There are 4 really good candidates for one spot.

#1 Haydn Roberts

I think Roberts is the front-runner due to having previously served as the Staff Attorney in Rankin County for Judges Grant and Fairly for the past eight years. He has been involved “in over 10,000 cases. Roberts is also serving as the Family Master. The Family Master is a part-time Judge hearing Emergency Petitions, Temporary Hearings and DHS matters.

Prentiss M.  Grant

Prentiss Grant “has lived and built his law practice in Rankin County for the past twenty-six years. Prentiss’ law practice is concentrated in family law, and eighty percent of his cases are tried in Rankin Chancery Court.”

Rusty Williard 

Rusty Williard has “spent 30 years trying Chancery cases and 15 years [in] Rankin County.”  Williard is a self-proclaimed “ruthless defender of the rights of children in chancery court and with juvenile defense matters, he is currently a certified Guardian Ad Litem as well as a Youth Court advocate.

James (Jim) M. Nix

Jim Nix, who I affectionately referred to as the ghost, has come on strong.  He is running a “grass roots” campaign and not accepting any campaign contributions.  “He has over 35 years experience in Chancery Law, is not a part of the Rankin County Power Group.” I called him the ghost because at qualifying time he was a relative “unknown” candidate. Since that time i have educated myself and I like Jim Nix.

For that matter, I like all 4 candidates. Rankin County would be well served by any of the candidates, but only one will win.  I predict the necessity of a run-off. I think it will be between Roberts and Grant, but I think it will be a close race.

Matthew Thompson is a Family Law Attorney in Mississippi and encourages all citizens to vote on Tuesday, November 3, 2015.

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*Thompson Law Firm has contributed to the James Walker campaign and was on the Host Committee for a Meet and Greet for the Candidate. 

What NOT to bring to the Attorney’s Office…

The initial appointment with the lawyer is always nerve-wracking.

artur84 /free digitalphotos.net

You should be prepared and be on time. Bring financial records, receipts, tax returns, screen shots of texts, phone records, and recordings.  Bring yourself, perhaps a trusted friend or family member, a form of payment and even an internet-provided checklist of what to ask the attorney.

However, unless requested otherwise, do not bring….

  • Do not bring your Child. It’s not appropriate.
  • Do not bring your Spouse.
  • Do not bring 5 banker’s boxes of information. It’s too much.

Matthew Thompson is a Family Law Attorney in Mississippi and recommends you not bring these things to you first appointment.

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

When is Perjury allowed?!?

I hear this often. “I don’t lie to my kids.”

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This is said shortly after one party disclosed the dirty details to the child regarding the other parent.  Followed by the statement, “they have the right to know.”

  1. They do not have the Right nor need to Know.
  2. This is never appropriate. Never. Never to a young child. What about when….? No. Never.

But what about that parent, with their righteous indignation, who says, “I do NOT lie to my child?”  My response?  “What about the Tooth Fairy?

I get a blank stare.

We lie to our children all the time  A LiveScience.com article stated it better, “Parents Lie to Children Surprisingly Often.”  This article concluded that parent’s lie to protect their child and lie to preserve some semblance of innocence and childhood for their children. These are all good things.

The Tooth Fairy question gets that indignant parent every time. There is no good reason to “tell all” about the other parent’s misdeeds.  You should be telling them that “mommy” loves them very much. When the kids are older they will realize the truth and appreciate you all the more for allowing them to have a childhood and to love their other parent, even if the other parent did not deserve it.

Back to the title. When is Perjury allowed? It’s Not. It was just click bait.

Matthew Thompson is a Child Custody Attorney in Mississippi and believes sometimes lying to your children is in their best interests.

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

Sex, Money and Getting Old; Top Causes for Divorce.

There’s an old joke that the #1 cause of divorce is marriage. While it’s true that you must be married to get a divorce, however there are real reasons that contribute to the breakdown of a marriage.

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1) Sex.  Physical intimacy is a chief complaint heard time and again in divorce situations.  The complaint is either one spouse wants too much, the other spouse wants too little, or one spouse is having it with someone they are not supposed to.  Frequently,  a combination of all three exist.

2) Money.  Lack of financial security is another chief complaint.  The complaint here is that the one spouse earns too little, the other spouse spends too much, or one spouse is spending it on someone (or something) they are not supposed to.

3) Getting Old.  Stuck in a rut, the sever year itch, boredom. This complaint can refer to;  a) the concept of the relationship getting old, losing its “new car smell” and “excitement,” becoming incompatible,  or it can refer to b) the parties actually getting old and, typically, one spouse “trading in” the current spouse for a newer, younger model.  Crass, but true.  Additionally, getting old can refer to c) the bad habits, the nagging, the actions that you used to be able to tolerate from your spouse, but have gotten on your nerves so much that you can no longer take it.

There are , of course, many others; physical abuse, emotional abuse, substance abuse, and the list goes on.

Matthew Thompson is a Family Law attorney in Mississippi.

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

Mississippi Judges can do what Kim Davis CANNOT; prevent you from marrying….

Kim Davis has been all over the news with her refusal to issue marriage licenses and new allegations of altering marriage licenses to prevent persons from marrying legally.  However, Mississippi has some surprising laws that legally provide for a ban on marriage.  A Mississippi Judge can bar you from getting married again!

MCA, Section 93-5-25 includes language to the effect that if the Court awarded a divorce against a party for adultery the Court may bar the guilty party from getting married again.  This bar would require the guilty party to petition the Court to remove the restriction after imposed.

MCA 93-5-25 holds, in part, “And the judgment may provide, in the discretion of the court, that a party against whom a divorce is granted, because of adultery, shall not be at liberty to marry again; in which case such party shall remain in law as a married person. Provided, however, that after one (1) year, the court may remove the disability and permit the person to marry again, on petition and satisfactory evidence of reformation, or for good cause shown, on the part of the party so barred from remarriage; but the actions of the court under the foregoing proviso shall not be construed as affecting any judgment of divorce granted in any case where the discretion of the chancellor has been exercised in barring one (1) party from remarriage on account of adultery.”

Matthew Thompson is a family law attorney and recommends that you not do things that will get you barred from remarrying.

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You may also contact Matthew at 

(601) 850-8000 

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4 of the “Biggest” Grounds for Divorce; And the rest of the FAULT grounds too…

Approximately half of all marriages end in divorce.

Stuart Miles /freedigitalphotos.net

In Mississippi, parties are limited to the reasons that they can get a divorce based on FAULT.  Mississippi Code § 93-5-1 lists the Causes for Divorce, and below they are listed in order as most often plead; 

#1.  Habitual cruel and inhuman treatment.

#2.  Adultery, unless it should appear that it was committed by collusion of the parties for the purpose of procuring a divorce, or unless the parties cohabited after knowledge by complainant of the adultery.

#3.  Habitual drunkenness.
 
#4.  Habitual and excessive use of opium, morphine or other like Drug(s).

Lesser plead, but still valid Grounds for Divorce include;
 
#5.  Desertion, Willful, continued and obstinate  for the space of one (1) year.

#6.  Sentenced to any Penitentiary, and not pardoned before being sent there.
 
#7.  Having Mental Illness or an intellectual disability at the time of marriage, if the party complaining did not know of that infirmity.
 
#8.  Bigamy, Marriage to some other person at the time of the pretended marriage between the parties.
 
#9.  Pregnancy of the wife by another person at the time of the marriage, if the husband did not know of the pregnancy.
 
#10.  Incest, Either party may have a divorce if they are related to each other within the degrees of kindred between whom marriage is prohibited by law.
 
#11.  Incurable mental illness. However, no divorce shall be granted upon this ground unless the party with mental illness has been under regular treatment for mental illness, confined in an institution for a period of at least three (3) years immediately preceding the commencement of the action.

#12.  Natural impotency.

Matthew Thompson is a family law attorney and knows a thing or two about fault grounds for divorce in Mississippi.

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Happy Anniversary; The Secret to Happily Ever After!

Anniversary–  (noun) an·ni·ver·sa·ry; a date that is remembered or celebrated because a special or notable event occurred on that date in a previous year.

The critical part of that definition is a date that is remembered. The funny part is that it is NOT hard to remember, but it is EASY to forget.

There is no secret to achieving Happily Ever After, either, by the way.  It takes work, commitment, faith, stick-to-it-ness, and even some luck.

Matthew Thompson is a Divorce attorney and has practiced Family law for a decade and reminds you Don’t Forget Those Anniversaries.

Happy Anniversary!

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