Category Archives: Opinion

Vote for a new Flag.

11/12/2015 BowTieLawyer Leave a comment

The Clarion Ledger has had several articles and polls regarding the potential change of the current Mississippi State flag.

Vote Here.

I’ve previously blogged on the current State flag and my opinion that same should be changed.

Now here’s your chance to vote on the one you like or submit your own. The prior poll had readers opting for a flag change 55% for – 45% opposed. The majority of poll takers wanted a change.(Granted it was about 1,500 responders.) The disagreement came on what the change should be.

Pick your favorite. Other options are available at the link.

Matthew Thompson is a Family Law Attorney in Mississippi, does not consider himself to be a “whiny, liberal” and still supports changing the flag in Mississippi.

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

Divorce, Opinion

Adultery Train; All Aboard. Next Stop, TROUBLE.

11/09/2015 BowTieLawyer Leave a comment

An affair plays a significant role in a large number of divorces. It is a train wreck to a relationship.

big_bad_locomotive_by_beezqp-d4mfi8t-1024x727 — Beezqp- “Big Bad Locomotive”

A sure-fire way to wreak havoc in a marriage is to have an affair. Mississippi law defines adultery, for now*, as sexual intercourse with a person of the opposite sex, not your spouse. However, due to the secretive nature of affairs you do not have to have an admission to prove adultery.

The ground can be proven through circumstantial evidence.

Upon a satisfactory showing of

1) inclination or infatuation, which can consist of cards, notes, emails, love letters, texts and phone records showing many calls; and

2) opportunity, which is the spouse and that other person alone together, be it in a car, house, motel, hotel, park or back alley, a Court can find that fault grounds exist.

Due to this, even the whole “it’s only an emotional affair” and the “we didn’t have sex” may not be enough to stop the Adultery train from running over you.

So, why do people have affairs? They can be exciting, fun and pleasurable, at least for a little while. What leads to this? Sometimes the person is unhappy, dissatisfied, over-stressed, unloved, under-appreciated, or at least believe that they are.

The problem is the affair does not fix the problem. It only serves to make things worse. Because along with an affair comes new baggage. Guilt, secrecy, and the emotions of a third person are now commingled in your personal life. An affair not only hurts your spouse, but also you, your children and the other party. It has emotional consequences, financial consequences, custody consequences and legal consequences.

An affair is a Train wreck in the making.

Matthew Thompson is a Family Law Professor at MC Law and a Divorce Attorney encouraging you to avoid train wrecks!

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

General Legal, Opinion

Happy “Love Your Lawyer Day!”

11/06/2015 BowTieLawyer Leave a comment

Yes, it’s a “real” day.

https://bol.bna.com/what-are-you-doing-to-love-your-lawyer/

Love Your Lawyer Day is the one day a year that Lawyers can legally and safely be shown gratitude. The day, which has existed for years, but just this year was recognized by the ABA, is a day to celebrate the good things lawyers do.

To help celebrate the day, persons are to abstain from lawyer jokes and if any are uttered a $20.00 donation should be made to a reputable charity of the offender’s choice.

I was going to blog about the MS Supreme Court, months later, acknowledging the U.S. Supreme Court’s ruling in Obergefell. I’ll do that next week.

So, thank you, Lawyers. I truly believe most are good and are trying to help. To those Lawyers who are not and do not, it’s not too late to turn.

#LoveYourLawyerDay #BowTieLawyerMS

Matthew Thompson is a Family Law Attorney in Mississippi and it is hard for others to show the love in Family Law.

Child Custody, Divorce, Marriage, Opinion

You CAN Pick Your Judge! Rankin Chancery & Madison Chancery

10/30/2015 BowTieLawyer 2 Comments

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.

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

Divorce, General Legal, Opinion

How to Contact Your Attorney.

10/28/2015 BowTieLawyer Leave a comment

With technology today we expect instant access. However, it is not always practical.

Emails, texts, Instant Messenger, FaceBook Messenger, office phone, cell phone, letter, fax, carrier pigeon or smoke signals are the myriad of ways you have to contact an attorney, but all are not equal and all are not best.

Office phone, during business hours is the best way. It is usually staffed, usually answered and usually responded to if a message is left. If a reasonable period of time has elapsed call again.
Office email. Likely will get a canned response to call the office number and the heads up to the receptionist/call screener to be expecting the call.
Cell phone. You’ve called the office, you’ve emailed and need to get a warm body. If you have a cell call it. Leave a message and a return number and a good time to call back. Most attorneys guard their cell number like Fort Knox. Mine is on my business card.
Other Methods. The last option is the other ways to contact. These means are not secure. FB messenger does not ensure confidentiality.

Matthew Thompson is a Family Law Attorney and is awaiting your call. (601) 850-8000

Divorce, General Legal, Marriage, Opinion

What NOT to bring to the Attorney’s Office…

10/26/2015 BowTieLawyer 1 Comment

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

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

Child Custody, Divorce, General Legal, Marriage, Opinion

When is Perjury allowed?!?

10/23/2015 BowTieLawyer Leave a comment

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

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.”

They do not have the Right nor need to Know.
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

Divorce, General Legal, Opinion

When “NO FAULT” becomes “YO’ FAULT”

10/21/2015 BowTieLawyer 2 Comments

While Mississippi is technically not a true “No Fault” state, there are provisions for an Irreconcilable Differences divorce. (commonly referred to as “No Fault”)

However, sometimes that agreement to a No Fault divorce doesn’t stick. The parties, after getting over the initial shock of divorce, decide they will be adults and agree. They think they can agree to the divorce and resolve their differences. After all, they did manage to get along for most of 9 years, have two kids and bought a house. What could go wrong? They even searched online and looked at divorceyourself.com.

The No Fault agreement gets derailed when the Husband realizes he will have to pay 20% of his income towards child support, plus health insurance and alimony. He realizes it’s a lot of money. The Wife gets squirrely when she realizes that her half of the retirement account is consumed by balancing the equity in the house, or that the money she gets cannot be realized without significant tax consequences.

Parties to a divorce don’t realize child support is until 21 in Mississippi. They don’t know the types of custody, or what each type means. They agree to things that they cannot legally agree to and fail to consider the consequences.

Finally, one party is convinced to see an attorney and when they do they realize the consequences of what they were about to agree to and back out, the other side becomes angry and un-agrees too. All of a sudden a simple divorce becomes complicated, expensive and adversarial.

Want to keep your situation from going from No Fault to Yo’ Fault? H ave an assessment with an attorney that practices family law, keep the peace, and be smart.

Matthew Thompson is a family law attorney that can handle your divorce whether it’s your fault, their fault, or somebody else’s fault.