Category Archives: Opinion

Where to Get a Divorce…When you Cannot Get a Divorce in Mississippi.

04/26/2018 BowTieLawyer 1 Comment

It could be IMPOSSIBLE to get a divorce in Mississippi!

Mississippi is one of two States that requires either an Agreement to all issues to get a divorce or absent that complete agreement, requires corroborated proof of fault grounds against your spouse.

So, if your spouse does not agree for any reasons you must have fault grounds. However, all is not lost. Lots of conduct, bad conduct, could be considered fault grounds…

Additionally, you can leave the state. While not always a great option it can work and in a few circumstances, Mississippi law would “require” it if you had to have a divorce.

48 other states essentially provide if you want a divorce you can get a divorce, but they also have certain jurisdictional/residency requirements to be able to seek relief from those Courts.

Mississippi requires you be a resident for 6 months, with the intent to remain and you may not move here for the purpose of seeking a divorce, not that any sane person would.

Washington State: No minimum in-state residency requirement.
Wyoming: None if the marriage occurred in the state and the filing spouse has lived in Wyoming since the marriage date. Otherwise, 60 days.

Nevada: 45 days
Spouse filing for divorce must plan to live in state indefinitely.
Must file sworn affidavit from a Nevada resident having personal knowledge of the filing spouse meeting the minimum residency requirement.

Alabama: No in-state minimum if both spouses live in state. 180 days if only one spouse lives in state.

I have included other states for informational purposes only. I am only licensed in Mississippi and cannot give advice regarding other state laws. The link provided was found on the internet! Caveat emptor!

Matthew Thompson is a family law attorney in Mississippi and supports a “walking around sense” change to Mississippi law.

Appeal, Crime, divorce, General Legal, Opinion

How to Pick a Candidate…

04/18/2018 BowTieLawyer Leave a comment

It’s election season. Candidates are coming out of the woodwork for senate, congress, and judicial seats. Here’s a primer on picking a candidate.

Do they have Experience?
- This does not mean that they must have served in the position being sought, but does their work experience, life experience, education and training lend itself to the seat?
Are they Competent?
- Experience is good, but it needs to be good experience. We all know that person that received opportunities because of connections, or who their uncle knew. Merely having experience may not be enough if you are merely a figurehead or placeholder.
- The candidate should know what the position requires and should possess the needed traits to fill the spot.
Do they meet the Requirements?
- For may positions there is age, residency and education requirements. It is fair to inquire if the bare minimums are met.
Why are they Running?
- Is it for prestige or ego? Is it because they can make a difference.
- Ask the candidate, ” Why are you Running?”
Are they a Good Person?
- You can have plenty of experience, meet the requirements, be competent and still not be the best candidate. There is an intangible, hard to measure judgment of candidates. This is about their honesty, integrity and is the person they portray really the person that they are?

These are just some of the criteria that should be considered when choosing a candidate. We all have an obligation to meet the candidates, engage the process, ask questions and care. These elections impact our lives whether we realize it or not.

Matthew Thompson is a family law attorney and is excited about the campaign season and if all else fails you can still “eeny, meeny, miney, moe” to pick your slate.

Child Custody, divorce, General Legal, Opinion

Don’t Put Private Info on FaceBook

03/26/2018 BowTieLawyer Leave a comment

Your information is not safe, protected or private.

Regardless of your settings on FaceBook, someone has access to it. I’ve posted numerous times about what NOT to put on FaceBook and warned against oversharing. Now, it turns out that much of our data has been mined, sold and then used to trick us into believing things we saw on FaceBook. It allowed Russians to infiltrate the American Dream, somehow. It likely is still occurring.

There’s even a trend of deleting FaceBook going around, or at least threats of deleting it. However, a lesser position is to just to continue posting pics of your dinners, dog and artistic black and white shots of inanimate objects. Doing this will not allow the Russians to gain the upper hand.

Matthew Thompson is a Family Law attorney in Mississippi and reminds you, Blizok lokotok, da ne ukusish!

Child Custody, divorce, Opinion

Have a Goal.

03/13/2018 BowTieLawyer Leave a comment

Hoping against hope is not good enough.

I’m not trying to be all Tony Robbins-sy, but he has a point. Setting a specific Goal will better enable you to achieve it.

Having a vague idea of success is not that helpful. Routinely, I ask my clients “What is your goal?” They are stunned. It is met with silence. Then a “well, I guess…” We don’t guess, or at least we try to not to.

Have a Goal. Make it specific. Identify what you can do to try to achieve that goal. Work the plan. Set a deadline.

Matthew Thompson is a Family Law attorney in Mississippi and encourages you to reach for your Goals!

Child Custody, Child Support, divorce, General Legal, Opinion, Property Division, Visitation

When an “Agreement” is Not an Agreement.

02/21/2018 BowTieLawyer Leave a comment

Let’s agree to disagree.

Parties in a lawsuit have a lot of latitude to agree to settlement terms. This is certainly true in divorce. Virtually everything is negotiable and if an agreement can be reached, usually it will be approved by the Court.

However, to be an enforceable agreement it must be approved by the Court. Until such time as your agreement is reduced to writing, signed and approved by the Court, it is on iffy ground as to enforceability issues. While some issues may be contracted without Court approval in a family law case, such as property division and alimony, some issues can not be enforced absent Court approval, such as child custody related terms.

Likewise, “changing” your Court papers without Court approval is dicey. Swapping out a holiday here or a week there is not usually a big deal, but changing payment terms, amounts, or duration can lead to serious consequences if done without Court approval. Child support vests as it comes due and absent exigent circumstances cannot be forgiven.

An agreement to agree is no agreement at all.

Matthew Thompson is a Divorce Attorney and reminds you to have your Agreement approved by the Court in an Order.

divorce, General Legal, Opinion

Deadlines matter.

02/01/2018 BowTieLawyer Leave a comment

In life, there are deadlines.

1. the latest time or date by which something should be completed.

“the deadline for submissions is February 5th”

historical

2. a line drawn around a prison beyond which prisoners were liable to be shot.

Deadlines induce stress, anxiety and even panic. Deadlines, or rather, meeting deadlines is critical to be successful in life. Projects, bills and responses have deadlines. Sometimes there may be false deadlines, sometimes deadlines may have dire consequences. Knowing the difference is key.

In law school I took Counseling & Negotiation. It was an upper level class taught by an Adjunct Professor, X.M. “Mike” Frascogna. About half way through the semester he made an offer, any student would be guaranteed a “C” if they attended the remaining classes. They did not have to take the final. I recall a student took that offer. I did not consider it.

The final required us to negotiate with the professor for our final grade. There was no set exam. Their were wild stories of students doing wild stunts to get an A. However, one of the lessons that stuck with me was either not allowing the other side to know your deadline or setting a deadline that you know would put pressure on the other side. He told the story of an international negotiation where one person let the other side know he was flying out in 4 days. They wined and dined him, showed him the sights and otherwise occupied his time for 3 1/2 days. On the last day, the traveler agreed to a worse deal because it had to be finalized that day.

Deadlines matter.

Matthew Thompson is a Family Law Attorney in Mississippi and negotiated his way to an A in Counseling & Negotiation.

divorce, Opinion

Good Faith; How to Act in a Family Law Case

01/29/2018 BowTieLawyer Leave a comment

Divorce can bring out the worst in people.

It can be hard to navigate, emotionally difficult and painfully slow. But, there is one primary thing you can do to persevere. Do the right thing. Every time. In Family Law we are often faced with conundrums on which way to go. Always choose the high road. Take the path that is in the best interests of your child. Do what is right.

Taking the low road may seem fun. The other side may deserve it, but in the long run the low road just brings you down to their level. Don’t forget that your case results in you literally being judged for your actions. Another person sits in Judgment of what you did, said and how you acted when under the microscope.

Matthew Thompson is a divorce attorney and advises his clients to do the right thing every time.

General Legal, Opinion

Participation Trophies & You…

01/19/2018 BowTieLawyer Leave a comment

I hear and read a lot about the downfall of society. I see it too, sometimes.

But what I hear often is the wailing about the travesty of Participation Trophies. Parents, in a huff, saying that the idea of getting an award just for showing up promotes weakness, unreasonable expectations and an attitude of undeserved reward.

These same parents say that when they were a kid that they earned the trophies they received or they didn’t get one…along with walking to school uphill, both ways in the snow. That getting a trophy for “nothing” means the child will still be living at home when they are 30, in mom’s basement playing video games and eating chips.

But guess what? These same parents are buying the Participation Trophies. I have never seen an 8-year old call Mars & Steele and place an order for 16, plasti-chromed figurines atop a pedestal, requesting that each be engraved with “Go Tigers! 2017”

Participation Trophies are not the downfall of society. They are a side-effect from either the parent not receiving a trophy when they were that age or from the parent that did receive one that is trying to prevent their child from experiencing the feeling you get when you don’t get a trophy.

Teaching your child to be a hard worker, to be strong and to earn what you work for is YOUR job as a parent. It is not the job of the Coach for the 8-year old soccer team. His job is to teach fundamentals, have fun and make sure the snack list is circulated and the parents sign up!

Matthew Thompson is a former 8-year old soccer coach and while his team may not have won every game, they had the best snacks!