Category Archives: Opinion

Mississippi; Still #1 in the most difficult state to get a divorce…

This is not a pro divorce post. This is a common sense divorce post.

48 States* have divorce laws that allow for a divorce if one party seeks a divorce. Mississippi does not allow this. Mississippi requires either an agreement to all terms or you must have fault grounds.

A recent Bill attempted to add as a fault ground, actual separation for a period of 3 years:

Thirteenth.* Willful and continued separation without cohabitation, with the intent not to return or resume or otherwise continue the marital relationship, for not less than three (3) years. Either party may have a divorce based on this cause.

This Bill, authored by Sally Doty, never made it out of committee and died.

Why should you care? Because Mississippi law, as it exists right now, promotes divorce blackmail.

You can be anti-divorce and still acknowledge that some people need to be divorced, even absent adultery and abuse.

*South Dakota is the other state that does not recognize true no-fault divorce.

*There are currently 12 fault grounds for divorce in Mississippi.

Matthew Thompson is a Family Law attorney and is in favor of amending the divorce statutes.

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It’s Your Case…Prepare to Work.

Hiring a lawyer can be nerve-wracking. It can also be a relief. However, the hard work is not over, even when you hire the right one for you.

I have heard the criticism more than a few times that “I hired that lawyer and I did ALL the work!” Well, yeah, there is a lot for a litigant to do.

You, as the party to a case, have the answers, or at least access to the answers. Within a case, there are a lot of processes to follow. You have to answer written Interrogatories. These are questions the other side gets to ask that you have to answer under oath. These can easily be 30-40 pages, or more!

The other side can request documents requiring you to pour over all of your prior tax records, bank records, credit card statements, pictures that you consider evidence, videos, diaries, notes, memos, texts…all of which takes a mountain of effort and time to gather. And, you have to do it.

The other side can take your deposition, an under oath interview. You have to prepare for that. 

All of this legal jujitsu can result in a trial. You have to prepare for that. You have to know the facts of your case. You have to recall incidents and testify truthfully. You have to be specific. You have to know what you want and why.  

A good lawyer will know the process and all the steps, but you will still have to do some heavy lifting. 

Matthew Thompson is a Mississippi Divorce and Custody lawyer and cautions you that you will have a lot of work ahead of YOU to do your case right.

Happy Thanksgiving!