Category Archives: Marriage

Divorce, Marriage, Opinion

Memo for Friends of Divorcing Couples; You Can Still be Friends

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I think it was a Country music song that said in Divorce you not only lose a spouse, but also half of your friends.

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Memo to Friends: You can still be friends.  The tendency is to avoid the divorcing parties.  After all you just don’t want to get involved and you could end up being a witness.  While this may be true you have to ask “Are you being a Friend?“

Oftentimes the friends choose a side or stay out all together, however divorce does NOT require this.  One of the divorcing parties may seem to “require” this, however.

If you are a close friend of a person going through a divorce or separation they need an outlet to vent to or take their minds off of things.  If you are a party to a divorce or separation requiring your friends to divorce your spouse is usually not the right answer.

Matthew Thompson is a Divorce Lawyer in Mississippi and reminds you of the wise words of WAR, the American funk band, – ” Why can’t we be friends…”

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, Crime, Divorce, General Legal, Marriage

Mic Test: “Testing 1, 2, 3…”: Recording in Divorce- Good, Bad & Ugly

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Recording Fever has swept the divorce world, at least, since the 1980s.

Recordings set the record straight, right? It’s incontrovertible proof that so-and-so said what-they-said on any given date.  It’s right there on tape…

Not so fast. First of all is it legal where you are? States have differing laws on recordings. Generally, in this state, recording is legal so long as one person to the conversation is aware that it is being recorded. However, this is not the case in every state and some require all parties know and consent.

Secondly, is the recording a set-up?  There have been instances where a spouse (or ex-spouse) intentionally created circumstances where the other spouse would “blow up.”  Under these circumstances your recording may get you in more trouble than it’s worth.

Third, is the recording complete and unaltered? Recordings can be edited. They can certainly be manipulated.  Recordings must be authenticated, complete and relevant to be considered admissible.

Fourth, is it as valuable as you think? I know a Judge whose opinion is “You need to be focusing on parenting and communicating with the other parent rather than recording every interaction…“

Recordings, either audio or video or both, may well be legal, legitimate, complete and valuable, but it could easily be illegal, under false circumstances, incomplete and of no value. Discuss the laws regarding recordings and admissibility with your attorney.

Matthew Thompson is a Family Law Attorney in Mississippi and warns clients of the possibility of surveillance and recordings, reminding them to say and do things they do NOT mind being played back in Court.

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

Divorce, Marriage

Still No Gay Marriage in MS; Same-Sex Marriage Stayed Pending Expedited Hearing

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You’ve seen same-sex marriage blogged aplenty.

The Fifth Circuit Court of Appeals has extended the stay put in place by Judge Carlton Reeves after he struck down Mississippi’s ban on same-sex marriage, finding same as unconstitutional.

The case has been fast tracked and will be heard in January, but not before 2 other cases regarding the same subject matter are set to be heard. One case originated out of Texas and the other, Louisiana. These states along with Mississippi make up the 5th Federal Circuit.

Regardless of the 5th Circuit decision, I expect this one to be appealed to the U.S. Supreme Court.

So, what does this mean for the average Mississippian?  The law is the same as before the Federal Court ruling, for now.

Terribly interested in this Topic, like I am? Read more below;

MISSISSIPPI & SAME SEX MARRIAGE; THE END OR THE BEGINNING?

MISSISSIPPI SAME-SEX MARRIAGE BAN STRUCK DOWN

MISSISSIPPI: SAME-SEX MARRIAGE AND THE RATIONAL BASIS ARGUMENT

MISSISSIPPI IN THE NEWS- A TEST CASE ON SAME-SEX DIVORCE

MISSISSIPPI SAME-SEX DIVORCE DENIED.

Matthew Thompson is a Family Law Attorney in Mississippi and is keeping pace with the changes in the law.

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, Crime, Divorce, Marriage, Opinion

How Do You Tell When a Lawyer is Lying?

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“His lips are moving.”

Perjury has been blogged about.

Never lie. (PERJURY)  You will get caught.  The truth is easy to remember.  Remember, usually, it’s not the crime but the cover-up that gets you.  The very affluent husband, with a great job, testified that he was unsure of his income, but knew his expenses down to the penny.  He testified under oath that his expenses exceeded his income by over $10,000 per month.  The problem?  He had no debt.  This situation of making $10,000 less than he was spending had been going on for months, if not years, but he always made payroll, carried no debt, had no loans and could not explain how this could be.  Perhaps he had a money tree out back.

Lying to your kids has, as well.

It never fails.  One of the aggrieved parties to a divorce tells the dirty details to the child regarding the other parent.  This is never appropriate or “ok.”  Never. Never to a young child. What about when….? No. Never.

But that parent, with their righteous indignation tells me, or testifies, “I do NOT lie to my child?”  My response?  “Well, what about the Tooth Fairy?“

The Top 5 Lies of Divorce clients are here.

5.  Lies about Income.

4.  Lies about their role within the Home.  

3.  Lies about Other Marital Fault.

2.  Lies about Value$.

1.  Lies about Adultery.

Matthew Thompson is a Divorce Attorney in Mississippi and encourages potential clients to tell your lawyer the truth!

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

Divorce, Marriage, Opinion

When to Have an Affair.

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Affairs can be exciting, secretive and scandalous…

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This excitement is short-lived.  The secret too, is soon out. Finally the scandal hurts more than just the perpetrators, but also their families.  Affairs, actually, are usually disasters, depressing and not worth the effort. During an affair the participants are focused on themselves. This tunnel vision leads to neglect of those other persons in their life, which actually makes those relationships worse.

There is an ebb and flow that is true in all of our interactions with other human beings. The time you are spending with that other person is less time that you are spending with your family, focusing on your work, and even yourself.

Additionally, the fall out from the affair is “self-inflicted” injury and injures all parties involved.

So, when is the right time to have an affair?  Never.  There is no right time to have an affair.  

Matthew Thompson is a Mississippi Divorce Lawyer and reminds you of what Nancy Reagan has said since the 1980s, “Just Say no.”

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, Marriage, Opinion

Judges Love This – Making a Comeback; Turning Adversity into a Positive

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I’m not going to go all Tony Robbins on you, but Judges love a comeback story.

Adversity is a part of life.  Oftentimes it is self-inflicted. I see a lot of clients that do things that are against their own best interests and it is a safe bet that at the next hearing they will have to answer questions about it.  However, just because you did some things you should not have does not mean you should give up and wallow.

I represented a client who was an alcoholic.  This person would drink themselves into oblivion and was an abusive person under the influence.  As expected it lead to trouble in the marriage and home-life and with work.  It impacted every aspect of their life.  He was sued and the wife sought temporary custody and sought to get temporary support.  He was served and summoned to a court date.  We showed up and the other attorney was expecting a fight.

We had a conference with the Judge and the other attorney told the Court all of the awful things my client does while under the influence. The Judge, so used to hearing two or three sides to every story, asked for my take.  I advised the Judge my client had a serious problem with alcohol and when under the influence acted in an inappropriate and unjustified manner, however when sober was a great father, worker and person. That the real issue was addiction and that my client needed help.

The Judge and the other side were surprised by the candidness displayed.  The Judge told a story of her own relative who struggled with alcohol abuse and that she wished he would have had the opportunity for help. The Judge stated that if he admitted a problem that she would assist in getting him help and would not hold it against him.

He was committed to an alcohol treatment program and his support obligations were held in abeyance pending completion.  It was exactly what was needed.

You can turn negatives into positives, you just have to stop doing the negatives…

Matthew Thompson is a Mississippi Divorce Attorney and will try to help you turn adversity into advantage.

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

Appeal, Divorce, Marriage

Mississippi Same-Sex Marriage Ban Struck Down

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“Down goes Frazier!” – Or rather Mississippi’s ban on same-sex marriage.

On Tuesday, Federal District Court Judge Carlton Reeves did two things simultaneously; 1) He struck down Mississippi’s Constitutional ban on same-sex marriage paving the way for same-sex couples to finally marry in Mississippi…,but not so fast. 2) Judge Reeves also issued a stay for two weeks to allow the State of Mississippi time to appeal the ruling to the 5th Circuit Court of Appeals.

This means the MS Constitutional ban is no longer valid, however enforcement, or rather same-sex marriage, is put on “hold” in this State pending the 5th Circuit ruling.  So more of the same for now.

The 5th Circuit has arguments set for early January regarding cases out of Texas and Louisiana over same-sex marriage prohibitions.  The 5th Circuit’s eventual ruling will apply to Texas, Louisiana and Mississippi.

Stay tuned.  New developments will be blogged as they occur.  The next round will likely be in a few months.

Matthew Thompson is a Mississippi Family Law Attorney, Adjunct Professor of Law in Family Law and is closely following these pending cases and the impact they will have on marriage in 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, Child Support, Divorce, General Legal, Marriage

Mississippi: Same-Sex Marriage and the Rational Basis Argument

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Any minute Mississippi will be in the national spotlight.

At issue are two pending Federal Court cases attempting to strike down the ban on Mississippi’s Constitutional restriction against same-sex marriage, and a state law prohibiting same-sex adoption.  The arguments have been made and the matters are in the “bosom of the Court.”

The question that the Court is deciding is whether there is a “Rational Basis” for the State (Governmental entity) to restrict the rights of citizens eligible for marriage to one another.

The Rational Basis review tests whether a governmental action is a reasonable means to an end that may be legitimately pursued by the government. This test requires that the governmental action be “rationally related” to a “legitimate” government interest. Under this standard of review, the “legitimate interest” does not have to be the government’s actual interest. Rather, if the court can merely hypothesize a “legitimate” interest served by the challenged action, it will withstand the rational basis review.

During the arguments the Judge asked what is the State’s rational basis in preventing these persons from marrying and adopting.  The State’s response was “responsible procreation.”  Based on that response the Court’s ultimate task is to determine 1) is “responsible procreation” something the State has a legitimate interest in, and 2) are the State imposed restrictions rationally related to that goal.

A ruling should come swiftly and the early indications, based on the Judge’s questions and the reception of the arguments presented, are that Mississippi will be the next State to recognize and allow same-sex marriage.

Matthew Thompson is a Mississippi Family Law Attorney, Adjunct Professor of Law -Domestic Relations and is closely following these pending cases and the impact they will have on Mississippi Family Law.

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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