Category Archives: Opinion

Divorce, General Legal, Irreconcilable differences, Opinion

Divorce, Two Ways

05/14/2013 BowTieLawyer 6 Comments

In Mississippi it can be very difficult to be awarded a divorce. There are basically two ways to get a divorce.

download

The most common way is Irreconcilable Differences. This is what is referred to as “no fault.” However, MS is NOT a true no fault state, so in order to get a divorce on Irreconcilable Differences both parties have to agree to the divorce AND all the terms of the divorce, including; custody, visitation, support, alimony, division of the assets and debts. If there is no agreement to all of the issues there may not be a divorce.

The other way to get a divorce in MS is based upon Fault Grounds. In order to get a divorce on Fault Grounds you have to sue based upon fault grounds and prove your case. Most commonly fault includes; adultery, cruelty, drug use, drunkenness, and abandonment. There are a few other Fault Grounds, but are rarely used; incest, bigamy, insanity, etc.

It can be a frustrating circumstance when you and the other party cannot agree to all issues and neither party has grounds. You may be stuck. In this instance one party may resort to divorce blackmail, which is alive and well in MS.

Matthew Thompson is a Family Law attorney and cautions that divorce 2-ways can be caused by 3-ways.

Follow the blog & Visit the website:: BowTieLawyer Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms

Child Custody, Child Support, General Legal, Opinion

War Stories; How NOT to testify (grandmother edition)

05/11/2013 BowTieLawyer 3 Comments

War Stories are the fun, awful, tough and unique occurrences that lawyers and parties in litigation get to experience and live to tell about it. At water coolers and break rooms throughout the world lawyers regale anyone who will listen about that time they…(this series will include a few of my own).

Facts: This was an initial Child Custody case, which means the Court must consider the Albright Factors. Dad had temporary custody due to prior child neglect allegations against mom. Mom was required to pay child support pursuant to this Order. Mom called her mother (Grandmother) to testify to corroborate that mom is good, dad is bad, and custody should be with mom.

On direct examination, that is when mom’s attorney was questioning grandmother, she did fine. She said mom was good, dad was bad for reasons including; he was not around and did not support the child, and that the child should be with mom.

On cross-examination, that is when I get to ask questions, the tone changed. From the jump Grandmother was defensive and combative. This was a mistake on her part. She should have stayed calm and exuded confidence, not anger. Even if she had to fake it.

Upon questioning about the neglect allegations grandmother downplayed them as a misunderstanding and had a story which completely excused mom’s conduct. The problem was there had already been 3 prior witnesses which contradicted this, one of whom was mom! Certainly they had to have had a discussion prior to court.

Next, grandmother took dad to task for “not supporting” the child, but her only “proof” was anecdotal. Nonetheless, she concluded he was no good because he was not supporting them and she knew this because mom told her so. Grandmother changed her tune about a parent being no good for not supporting the child however, once my questioning revealed mom had not paid child support in months, though ordered. It was different for some reason, but she could not be explain how.

Lastly, Grandmother had no real complaints about dad’s care-giving the last several months when he had custody and reluctantly admitted the child was doing well. She was also extremely evasive about mom’s new beau and that person’s involvement with the child. It was obvious she was trying to avoid giving that testimony.

Grandmother should not have testified. She added nothing and ended up undermining mom’s case. The only way to have known this would have been to thoroughly prepare her for direct and cross-examination and taking the time to view the case from both parties’ perspectives.

Matthew Thompson is a family law attorney in Mississippi and assesses your case from your perspective, as well as how the other side may approach it.

Follow the blog: BowTieLawyer

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms

Bow Tie, Crime, General Legal, Opinion

Churchill Wisdom; On Truth

05/06/2013 BowTieLawyer 1 Comment

“The truth is incontrovertible, malice may attack it, ignorance may deride it, but in the end; there it is.” – Sir Winston Churchill

Matthew Thompson is a family law attorney in Mississippi and counsels his clients to tell the truth. (And if they cannot to plead the 5th).

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@wmtlawfirm.com.

Divorce, General Legal, Opinion

How NOT to Ask for Free Advice; Tips for On-Line Lawyer Q&A

04/29/2013 BowTieLawyer 1 Comment

There are a number of free, on-line Q&A opportunities for unrepresented persons to pose general questions of law and have lawyers answers those questions. This is really in the form of a public service and the responses do not create an attorney-client relationship, nor are they considered legal advice. But, they do prove helpful. (Examples include; AVVO, Law Q A, LawGuru, LawZam, JustAnAnswer)

David Castillo Dominici/free digitalphotos.net

However, I have noticed several trends by Askers of the questions that result in no responses. Below are just a few of “what not to say.”

DO NOT start the Question with “I am __ (age 13-17 ).
- You won’t get a response if you are a young’un, and if you are older than that it probably is not a necessary fact for the Q&A.

DO NOT start the Question “I ain’t got no money, but….”
- We already assume that. You’re posting on a free Q&A.

DO NOT start the Question with “My attorney said ____, but…
- We know what you want (I want you to say what I wanted to hear, instead of what he said)…” We won’t.

DO NOT start the Question with “Don’t you attorneys have to do free cases or pro bono cases…”
- We do, but it does not have to be your case.

DO NOT use ALL CAPS, ALL THE TIME. IT IS PERCEIVED AS YELLING, IS POOR SOCIAL INTERNET MANNERS AND MAKES IT MORE DIFFICULT AND PAINFUL TO READ YOUR QUESTIONS.

DO NOT use terrible grammar. It’s not an English Composition exam, but it needs to be coherent. Sentences should have a beginning AND an end. There should be multiple sentences, but…

DO NOT write a novel.

DO NOT leave out necessary facts.
- If you’re question is about how much child support you will receive have an idea on the paying parent’s income. If you don’t have an idea, how would the lawyer?

DO NOT ask the same question multiple times.

Finally, a free Q&A is not an excuse to not hire an attorney when you need one. After all, the saying you get what you pay for comes from somewhere.

Matthew Thompson is a family law attorney in Mississippi and cautions those that use the free Q&A sites to be careful, you might get what you pay for.

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@wmtlawfirm.com.

Crime, General Legal, Opinion

Hold On to Your Holsters!

04/27/2013 BowTieLawyer 1 Comment

I have a series of blogs on Gun Laws in Mississippi, recent legislative changes, and basic concealed carry 101. Well, one of the recent legislative changes, blogged in “Open Carry in Mississippi,” has sparked some controversy among law enforcement and with the State Attorney General, Jim Hood.

The AG has stated that he is issuing a “Vast Opinion” on the law change and who can carry what, when and where. This should be interesting. Stay tuned for a post on the “Opinion” and an opinion or two of my own.

My previous Gun Law posts can be viewed below.

Matthew Thompson is a family law attorney in Mississippi. Contact TLF with your family law or firearm law related inquiry.

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@wmtlawfirm.com.

Divorce, General Legal, Marriage, Opinion

Purple Panty Pull-downs

04/17/2013 BowTieLawyer Leave a comment

Gotcha! Purple Panty Pull-downs, (a.k.a. Hunch Punch, Whoop Juice) is a college party drink of too much alcohol, kool-aid, sprite, and ice. It can lead to poor judgment, hangovers, injuries, arrests and other sordid outcomes. However it tastes good! When mixed right it is cold, sweet and easily drinkable. It “feels” safe. You cannot fully appreciate the danger.

Similarly, threats to your marriage can seem sweet. Contacting an old friend, meeting a business colleague for drinks or meeting someone new at an event and hitting it off. These interactions are new, exciting, fun and “feel” safe. But be careful.

A non-scientific poll conducted on Facebook by colleague and friend, Craig Robertson, revealed common places and common themes in affairs. Affairs typically do not happen with strangers. They are persons that we know. Persons from work, from our past, friends of the family and church – yes, Church! It happens. It’s the people you see at the grocery and the coffee shop and your kid’s friend’s parents.

So, should you be a recluse, a shut-in and avoid all other human interaction? No. Just be aware of your surroundings. Act intentionally.

When you see the cooler full of Purple Panty Pull-downs, Watch Out!

Matthew Thompson is a family law attorney and in the words of Sir Winston Churchill, “The water was not fit to drink. To make it palatable, we had to add whisky. By diligent effort, I learnt to like it.” But don’t lose your wits about you.

General Legal, Opinion

Churchill Wisdom; On Guns

04/01/2013 BowTieLawyer 1 Comment

Winston Churchill, who appears not infrequently as a part of this blog, was known to carry a firearm on his person.

The above, a 1896 Broomhandle Mauser, was his military issued firearm.

According to British firearms author and historian Richard Law, knowing Churchill had been targeted by Hitler’s agents for assassination, Churchill always went armed, his bodyguards notwithstanding. He kept a Thompson sub-machine gun, loaded in a rack within easy reach in his official limousine. Discovering that his chief bodyguard carried a little .32 Webley, Churchill ordered a new Colt Government Model .45 for his him. A short time later, Churchill asked the chief bodyguard how he liked the new pistol. The man replied that he was still carrying the .32 because the Colt was too heavy.

“Give it to me, then,” snapped Churchill, as he shoved it into his overcoat. This became the great leader’s personal carry gun until the end of the war.

Prior Churchill Wisdom includes;

Mississippi, beginning in July, will allow open carry and 2 levels of concealed carry are currently available for residents.

Matthew Thompson is a family law attorney in Mississippi. Contact TLF with your family law or firearm law related inquiry.

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@wmtlawfirm.com.