Sex, Money and Getting Old; Top Causes for Divorce.

10/05/2015 BowTieLawyer Leave a comment

There’s an old joke that the #1 cause of divorce is marriage. While it’s true that you must be married to get a divorce, however there are real reasons that contribute to the breakdown of a marriage.

1) Sex. Physical intimacy is a chief complaint heard time and again in divorce situations. The complaint is either one spouse wants too much, the other spouse wants too little, or one spouse is having it with someone they are not supposed to. Frequently, a combination of all three exist.

2) Money. Lack of financial security is another chief complaint. The complaint here is that the one spouse earns too little, the other spouse spends too much, or one spouse is spending it on someone (or something) they are not supposed to.

3) Getting Old. Stuck in a rut, the sever year itch, boredom. This complaint can refer to; a) the concept of the relationship getting old, losing its “new car smell” and “excitement,” becoming incompatible, or it can refer to b) the parties actually getting old and, typically, one spouse “trading in” the current spouse for a newer, younger model. Crass, but true. Additionally, getting old can refer to c) the bad habits, the nagging, the actions that you used to be able to tolerate from your spouse, but have gotten on your nerves so much that you can no longer take it.

There are , of course, many others; physical abuse, emotional abuse, substance abuse, and the list goes on.

Matthew Thompson is a Family Law attorney in Mississippi.

Follow the blog:#BowTieLawyer Visit the website: #Thompson Law. You may contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Bow Tie

How To Tie a Bow Tie. ( A Homecoming Special)

10/02/2015 BowTieLawyer Leave a comment

With Homecoming season upon us there is not a better time for an excellent video & a written step-by-step guide on “How to tie a bow tie.”

Tie a basic overhand knot (right over left) and pull the knot to the center of your shirt neck.
Fold the side hanging down of the bow so that the “left bow” is doubled and the “right bow” is a single layer. The fold on the “left bow” becomes the far edge of the bow tie.
Place the center of the bow on the knot in the center of the shirt neck.
Pull the left side of the bow over the middle of the bow and knot. Hanging straight down.
Snap the bow closed and hold the bow in place.
Lightly pull the closed bow to reveal a small hole behind the bow, but in front of the knot.
Push the “back right bow” through the small hole.
Once through, pull the front left bow and back right bow to straighten and tighten the bow tie.
It does not have to look perfect, and a little imperfection is desired as you tied it yourself.

Divorce

Thompson Law Firm, pllc

09/30/2015 BowTieLawyer

Thompson Law Firm, pllc, is a Mississippi-based Family Law Firm, focusing on Divorce, Child Custody, Child Support, Alimony, Modification, Contempt and Appeal practice areas, throughout the State of Mississippi.

Phone: (601) 850-8000 Fax: (601) 499-5219

Matthew@bowtielawyer.ms

Divorce, General Legal

Testifying in Court; Where Saying Too Much Will be Used Against you.

09/30/2015 BowTieLawyer Leave a comment

If you or I answered questions in Court like any politician we might be held in contempt.

In Court, witnesses must answer the question asked. Usually the answer will be “yes” or “no,” and then an explanation may be offered if necessary. This can be very difficult to do and it takes practice to get this right.

Not answering the question with a “yes” or “no,” and not answering what was asked may result in the Court concluding you are being deceptive. This is not an impression you want to create.

As a witness, however, you only want to answer the question asked. Do not answer what is not asked and do not offer more than what is asked. The best example I can think of is when a party was asked if they had committed an affair with “Mary” since the separation.

The answer, “I have not committed an affair with ‘Mary’…since the separation.” There was an awkward pause. The awkward pause resulted in the follow-up question of when did you commit your affair with Mary. The party told on himself by not just saying “No” which would have been a completely truthful answer to the question asked.

Matthew Thompson is a Family Law attorney and warns witnesses to answer “yes” or “no,” explain if necessary, and sometimes less is more.

Follow the blog:#BowTieLawyer Visit the website: #Thompson Law. You may contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Child Custody, Divorce

The Right Sized Underwear; When the wrong underwear gets under the skin of your significant other.

09/25/2015 BowTieLawyer 3 Comments

Having the right sized underwear is important for many, many reasons.

You would not believe the problems the wrong size of underwear causes in family law. I have had underwear delivered to my office, in a Zip-loc. It was placed in the freezer to preserve “evidence.” Why was it brought in? It was not her size. I have seen numerous photos of underwear, both in use and not in use, at the time the picture was exposed. One thing is for sure, the wrong size underwear is never a good thing.

A child in the wrong size may be an indication that you are dealing with a non-primary parent. Plus, it’s uncomfortable for the child.

An adult in the wrong size underwear is uncomfortable for a lot of other reasons. Having the wrong size in your possession is hard to explain away. Having a new style may also be a red flag. Who knew underwear could be so exposing?

Matthew Thompson is a Divorce and Domestic Relations Attorney in Mississippi and whether your brand is BVD, Hanes, Fruit of the Loom or something a little more exotic, make sure it’s the right size.

Follow the blog:#BowTieLawyer You may contact Matthew with your family law matter or question at (601) 850-8000

Divorce, Marriage

Mississippi Judges can do what Kim Davis CANNOT; prevent you from marrying….

09/23/2015 BowTieLawyer Leave a comment

Kim Davis has been all over the news with her refusal to issue marriage licenses and new allegations of altering marriage licenses to prevent persons from marrying legally. However, Mississippi has some surprising laws that legally provide for a ban on marriage. A Mississippi Judge can bar you from getting married again!

MCA, Section 93-5-25 includes language to the effect that if the Court awarded a divorce against a party for adultery the Court may bar the guilty party from getting married again. This bar would require the guilty party to petition the Court to remove the restriction after imposed.

MCA 93-5-25 holds, in part, “And the judgment may provide, in the discretion of the court, that a party against whom a divorce is granted, because of adultery, shall not be at liberty to marry again; in which case such party shall remain in law as a married person. Provided, however, that after one (1) year, the court may remove the disability and permit the person to marry again, on petition and satisfactory evidence of reformation, or for good cause shown, on the part of the party so barred from remarriage; but the actions of the court under the foregoing proviso shall not be construed as affecting any judgment of divorce granted in any case where the discretion of the chancellor has been exercised in barring one (1) party from remarriage on account of adultery.”

Matthew Thompson is a family law attorney and recommends that you not do things that will get you barred from remarrying.

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You may also contact Matthew at

(601) 850-8000

Divorce, Marriage

4 of the “Biggest” Grounds for Divorce; And the rest of the FAULT grounds too…

09/18/2015 BowTieLawyer 7 Comments

Approximately half of all marriages end in divorce.

In Mississippi, parties are limited to the reasons that they can get a divorce based on FAULT. Mississippi Code § 93-5-1 lists the Causes for Divorce, and below they are listed in order as most often plead;

#1. Habitual cruel and inhuman treatment.

#2. Adultery, unless it should appear that it was committed by collusion of the parties for the purpose of procuring a divorce, or unless the parties cohabited after knowledge by complainant of the adultery.

#3. Habitual drunkenness.

#4. Habitual and excessive use of opium, morphine or other like Drug(s).

Lesser plead, but still valid Grounds for Divorce include;

#5. Desertion, Willful, continued and obstinate for the space of one (1) year.

#6. Sentenced to any Penitentiary, and not pardoned before being sent there.

#7.  Having Mental Illness or an intellectual disability at the time of marriage, if the party complaining did not know of that infirmity.

#8. Bigamy, Marriage to some other person at the time of the pretended marriage between the parties.

#9.  Pregnancy of the wife by another person at the time of the marriage, if the husband did not know of the pregnancy.

#10.  Incest, Either party may have a divorce if they are related to each other within the degrees of kindred between whom marriage is prohibited by law.

#11. Incurable mental illness. However, no divorce shall be granted upon this ground unless the party with mental illness has been under regular treatment for mental illness, confined in an institution for a period of at least three (3) years immediately preceding the commencement of the action.

#12. Natural impotency.

Matthew Thompson is a family law attorney and knows a thing or two about fault grounds for divorce in Mississippi.

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Child Support, Modifications, Visitation

Changing Your Papers WITHOUT the Court; Danger, danger, danger

09/16/2015 BowTieLawyer 1 Comment

Mom and Dad get a divorce. Things go okay. A few years later they decide we can make some changes. Dad gets a little more time, Mom “agrees” to a little less money…

The Court process takes too long. Attorneys cost too much. Plus, Mom and Dad agreed! They switch to a week-on, week-off custody arrangement. The kids are older, it works. Dad starts paying support directly for the benefit of the kids. He pays for the child’s car and insurance, and picks up health insurance which was previously mom’s responsibility. Dad does not pay mom directly. It’s about the same money, probably. What could go wrong?

Court Orders may only be modified by other Court Orders. Once an Order is issued and in place the parties are bound to follow it. This is so ironclad that the Court has a mechanism in place to enforce its Orders that can result in the breaching party having to pay fines and/or go to jail. This process is called Contempt. If you are not following the Order in your case, you are subject to a Contempt Petition being filed by the other party.

But if we agreed what’s the big deal? The big deal is that the new Agreement is not worth the paper it’s not written on, if not approved by the Judge.

At some point in the future, and it never fails, Mom and Dad have a falling out, again. Mom goes to an attorney and tells him that Dad has not paid child support in two years. Mom sues Dad for Contempt for all of the “back” support and then “un-agrees” to the custody change and goes back to an every other weekend schedule for visitation. Dad counter sues for a custody modification seeking custody now due to mom’s change and contempt over the health insurance issue. The only sure thing now is that each may well be in contempt and the Court is left to sort it out.

If you modify your Order/Agreement do it in writing, signed and approved by the Court. It’s the only way to guaranty that the Agreement is enforceable and for protection from being subject to Contempt for not doing what was in the prior Order.

Matthew Thompson is a Family Law Attorney in Mississippi that handles Modification of Custody and Contempt actions for failure to pay child support and reminds you to pay your support early, often and keep good records!

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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