Routinely, what I tell people is common sense. It’s the same advice your wise parent or grandparent would give you, but often it’s hard advice to follow.
I’ve counseled persons to stop doing things that are harmful to themselves and their case. Don’t hang out with the shady crowd. Stop using alcohol if you have alcohol problems. Start going to church or stop doing things you shouldn’t be doing. I tell people what they don’t want to hear.
The hardest advice to take is to stop doing whatever lead to the circumstance where you needed legal help.
There is a lot of misinformation out there about Divorce. Online searches are no true replacement to good legal advice.
A cursory search of the internet revealed these commonly accepted pieces of internet advice that are dead wrong…
Child Support.One site discusses theIncome Shares Model of determining child support in Mississippi. This is wrong. Mississippi uses theObligor Model and child support is based primarily upon the income of the non-custodial parent’s adjusted gross income.
Alimony.That trusted brand Wikipedia includes that Alimony, in Mississippi is “usually awarded for life.” While permanent alimony is possible it is still subject to modification and termination well prior to death and saying it is “usually” awarded is wrong. Read more about Mississippi Alimony here.
“No Fault Divorce”. Common lore has perpetuated the belief Mississippi has “no fault” divorce. Mississippi does not have “no fault” divorce. Mississippi has Irreconcilable Differences. There is a significant difference.
Timing of Divorce.For an Irreconcilable Difference Divorce there is a minimum 60 day waiting period. It does not mean that you are divorced on day 61. It means that you may present the papers for Court approval after 60 days have passed. Routinely sites say you will be divorced in 30-90 days. It will never be less than 60 for an Irreconcilable Differences Divorce and if it is Fault based it can take much longer.
Cost of Divorce.No website can do this justice. I saw one that listed the filing fees and fee for service by publication as the “costs” of a divorce, and a that an attorney may be additional monies. The posted filing fees were wrong and those come nowhere close to what a divorce could cost. A competent attorney can tell you the likely costs.
Matthew Thompson is a Divorce Attorney in Mississippi and if you find yourself needing the answers to any of these above issues, please go see an experienced attorney that handles Family Law in Mississippi.
Follow the blog:#BowTieLawyer You may also contact Matthew with your family law matter or question at (601) 850-8000
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.
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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
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.
Thompson Law Firm, pllc, is a Mississippi-based Family Law Firm, focusing on Divorce, Child Custody, Child Support, Alimony, Modification, Contempt and Appealpractice areas, throughout the State of Mississippi.
If you or I answered questions in Court like any politician we might be held in contempt.
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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
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
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.
practice areas, throughout the State of Mississippi.
(601) 850-8000 - - BowTieLawyer.MS 