Category Archives: Opinion

divorce, General Legal, Irreconcilable differences, Opinion

BlackMail is Legal in Divorce – The Law in Mississippi; Promoting Fights Since 1976

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Mississippi law provides for parties to gain a divorce through one of two methods; 1) Agree to the Divorce and all issues, called an Irreconcilable Differences Divorce, or 2) pursue a Fault Based Divorce granted due to the other party’s misconduct. That’s it. Mississippi does not have a true NO FAULT divorce process.

So,what happens if you cannot agree and do not have grounds?

Divorce Blackmail

In the mid 1980’s this issue was pointed out by the Mississippi Supreme Court.

       “Prior to 1976 mature and responsible people who found their marriages irretrievably broken were offered by our law absurd choices…the complaining spouse had to choose between outright perjury and hoping that the chancellor would not strictly enforce the standards of proof legally required to establish one of the twelve grounds for divorce. The other choice…the ‘knock down, drag out’ fight to which the adversary system invariably leads…frequently creating more problems than are solved. Divorce had become a degrading, dehumanizing experience.”

Gallaspy v. Gallaspy, 459 So.2d 283 (MS 1984). Justice James Robertson, Concurring Opinion

       …further improvements in our law are needed. As enlightened and desirable as was the enactment of the Irreconcilable Differences Act in 1976, the job has not yet been completed…[the] Irreconcilable Differences Act–it facilitates, even encourages, financial blackmail…the chancery court has not authority to grant a divorce…unless the parties have reached an agreement…the spouse wanting the divorce or feeling that he or she must obtain a divorce is subject to financial blackmail. A party without fault grounds and no mutual agreement has only two options; (1) knuckle under and accept less than favorable financial terms or (2) go to court and try to obtain a contested divorce and an accompanying alimony and support award, when, as she and her lawyers surely must have known, she really did not have “grounds.” Id.

Justice Robertson actually proposed adding a 13th fault ground of Irreconcilable Differences, which if proven would allow the Court to award an ID divorce to one party, even over the objection of the other party and would allow the Court to rule upon the support issues.

However, Mississippi law actually perpetuates Blackmail.  If your spouse won’t agree and you don’t have fault grounds then you are STUCK.

There have been a number of bills proposed to end this divorce conundrum, but so far none has gained any traction.  Let me know your thoughts.  Do you support allowing for a true No Fault divorce, or an irreconcilable differences divorce after a period of separation?

Matthew Thompson is a Family Law attorney and is in favor of amending the Irreconcilable Differences divorce statute.

Follow the blog: BowTieLawyer 

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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

Crime, General Legal, Opinion

“Thomas Jefferson” Disbarred

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Kansas Attorney Dennis Hawver has been disbarred due to “inexplicable incompetence!”

Hawver committed a number of blunders throughout the case, among them include;

  • At trial, Hawver described his client a “professional drug dealer” and a “shooter of people,”
  • Hawver  argued at trial that his client would never have left a witness alive if he had shot the two women victims.
  • Hawver did not investigate alibi witnesses and did not track his client’s cellphone to find his location at the time of the murders.

His explanation?  “I had no idea that cellphones had GPS capabilities at that time,” he said. “Did you? I didn’t. If I had known it, I’d have been on it like a dog on a bone.”

  • Hawver had never previously tried a capital murder case and had not tried a murder case in more than 20 years.
  • He was unfamiliar with ABA guidelines for trying capital murder cases.
  • He informed the jury his client had previously been convicted of voluntary manslaughter, even though prosecutors agreed to a stipulation that the client had a prior felony conviction without further details.
  • He failed to seek dismissal of the capital charge after the Kansas Supreme Court struck down the death penalty scheme.
  • Hawver had said he had no funds for a pretrial investigation and he did not call the indigent defense board to explore whether funding was available to support his representation.
  • He also said he did not recall whether a board representative had called him with an offer to provide co-counsel, investigators, consultants and expert witnesses, but he does not contest that an offer of funding was made.
  • During the sentencing phase of the trial, he said the killer should be executed.

During the arguments concerning attorney discipline, Hawver named Thomas Jefferson as his hero and says he wore the outfit because he had a constitutional right to represent the client “as directed, instructed and agreed” by the client, “no matter what the ABA guidelines have to say.”

Matthew Thompson is a Mississippi Family Law Attorney and advises all potential clients that if your attorney dresses as a Founding Father for Court it is time for a new attorney.

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, General Legal, Modifications, Opinion, Visitation

Court is Unpredictable.

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Court. The true final frontier.

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Court is where disputes that otherwise cannot get resolved get resolved. However, Court does not always go as planned. Witnesses freeze up and forget details that matter. Your client talks too much and argues with the other side. Or, your client cries uncontrollably and is hard to understand while testifying. The other party has spontaneous amnesia. The Judge has other cases and the other attorney has an emergency in the next Courtroom.

Even the best laid plans go awry. Court starts late and finishes early, for the day. Court runs long. Court is not fun and a “win” is hard to come by.

Avoid it if you can. Prepare like you can’t.

Matthew Thompson is a Mississippi Family Attorney.

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, Crime, Opinion, Visitation

How NOT to Hire an Attorney.

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Desperate times call for desperate measures, but don’t take things too far..

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A recent Craigslist add was seeking to raise funds via a non-traditional manner. Organ sales.  However, this is not your grandmother’s musical instrument.  The ad stated, in part;

I am a healthy active 37yr old, 6′ tall white man of strong european bloodline. I am drug a disease free and have two healthy kidneys and all I have left to sell is one of them. I have been going through custody battles for the last 4 years and am flat tapped out of money and property left to sell. My son is my one true love and his mother wont be happy or stop lying until Im out of the picture and she is being helped by a devious liar of an attorney. I wont give up on my son and am willing to do what it takes to stand up for him. I have to give my attorney some money and this is all I can come up with. I am employed and have a job I love, but I need to lay down thousands of dollars at this point, attornies are not cheap. Please help. Call ****** ***-***-**** ALL EMAILS WILL BE DELETED. Thanks.

I do NOT know if the above is legit or not and I assume it is not.  Sacrificing your health and potentially your life is not the way to “win” custody. Also, organ sales are illegal in the U.S.  The National Organ Transplant Act (1984 Pub.L. 98–507), approved October 19, 1984 and amended in 1988 and 1990, outlawed the sale of human organs and provided for the establishment of the Task Force on Organ Transplantation; authorized the Department of Health and Human Services to make grants for the planning, establishment, and initial operation of qualified Organ Procurement Organizations (OPOs); and established the formation of the Organ Procurement and Transplantation Network and Scientific Registry of Transplant Recipients.

Don’t sell your organs to hire or pay for your attorney.  There are other solutions if you are completely tapped-out, but this ain’t it.  Read about options if you cannot afford an attorney here.

Matthew Thompson is a Mississippi Family Law attorney and cautions those in legal situations, not to make their circumstances worse.

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, Opinion, Visitation

Forgettable Halloween!

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Halloween is not a “real” holiday.  School is not out, banks are not closed, the Post Office still does their thing.

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Halloween is also overlooked in Child Custody Visitation Agreements.  It is not in the Court’s “standard” visitation schedule.  Also, Halloween is a moving target.  It’s not always a weekend.  Due to this it can result in one parent “having” the holiday more than the other and the other parent’s “rights” dependent solely on the whim of the calendar.  Sometimes this is not a problem when mom and dad get along, but sometimes this is used against the other parent.  Put Halloween in your papers if you have young children.  It’s a fun day and a special time!

Matthew Thompson is a Child Custody/Visitation lawyer in Mississippi and warns that if you don;t want to be scared on whether or not you have rights to Halloween visitation, it is best to put it in your papers.

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.

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divorce, Marriage, Opinion

Bad “Divorce” Tattoos?

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What says “My Marriage is Forever” better than a tattoo?  Well, maybe saying it.

Below are some potentially “bad” tattoo ideas…

Think this guy likes Brenda? Does Brenda like him?

Hmm…things aren’t exactly lining up.

That heart looks easy to break.

Matthew Thompson is a Family Law Attorney in Mississippi and warns you that tattoos may be longer than your marriage, act accordingly.

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.

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