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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You may also contact Matthew with your family law case, question or concern at:

(601) 850-8000 or Matthew@bowtielawyer.ms

Divorce, Pets

Footballs and Dogs; Almost anything can be negotiated in your divorce…

09/11/2015 BowTieLawyer Leave a comment

With High School and College Football in full action it reminded me of some of the lighter, or at least non-traditional, custody battles that I have been involved in.

Season Football Tickets– I was involved in a case where the parties were arguing over who got the season football tickets.

The tickets were secured by one party who had been getting them for years, but were paid for by the other party, so both felt they had a legitimate claim. Additionally, both genuinely wanted the tickets. It was not posturing by the wife to get a better deal or more support. The solution was joint custody.

Each picked certain games that they would attend each year and on the games that both wanted to attend they agreed to alternate even years and odd years. Another interesting aside was that there were 2 tickets for each game. Who the guest would be was also an issue. Neither wanted the other to be able to take a bf/gf. The compromise was that the other ticket would be used by a family member or a minor friend of the children. (Minor meaning under 21, not just small). The custody of the tickets was one of the last issues to get resolved. It really did matter.

Dogs– In a similar vein, I have handled several cases involving pets. Pets, under Mississippi law are considered personal property (like an item or thing), however the parties are free to treat pets as members of the family should they so elect, and many do.

The parties ultimately agreed on a week-on, week-off custody arrangement for the dog to be with each “parent.” The agreement also addressed the expenses associated with the dog, including food, care and vet bills. Don’t forget those items!

Almost anything can be negotiated.

Matthew Thompson is a Family Law Attorney in Mississippi and reminds you not to forget about those season football tickets and pets in your divorce agreement.

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Bow Tie, Divorce

We’re Moving. TLF is relocating and expanding…

09/02/2015 BowTieLawyer 3 Comments

The bow tie is getting bigger!

Thompson Law Firm, pllc, is moving. Our new office will be located in Ridgeland, Mississippi in the Avignon Office Park. The physical address will be;
Thompson Law Firm, pllc

745 Avignon Drive, Ste. D

Ridgeland, MS 39157

That’s “D” as in divorce.

TLF will be adding additional space, offices, and staff. The new office is conveniently located near the Natchez Trace exit in Ridgeland off of I-55, close to the west end of Spillway Rd., and just one block west of the Old Canton Rd./Lake Harbor intersection. It’s across from Primo’s on Lake Harbor, and just east.

The new space and amenities will allow TLF to better serve and respond to current, former and new clients. TLF has signage on Lake Harbor and in the front of the new building. We will be in the new office full-time in mid-September 2015. Of course the phone numbers and emails will remain the same.

Matthew Thompson is a Family Law Attorney in Mississippi and is excited about the new digs! Stop by and say “hello.”

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Crime, Divorce

Domestic Violence; The Lethality Index.

09/01/2015 BowTieLawyer Leave a comment

Unfortunately Domestic Violence happens. The ones that “love” us the most hurt us the most.

Domestic Violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone. http://www.justice.gov/ovw/domestic-violence

Domestic Violence can be deadly. Below is what is commonly referred to as the “Lethality Index.“

The numbers below in parenthesis indicate the factor by which a domestic violence victim’s risk of homicide is increased relative to other domestic violence victims. For example, if the abuser has used or threatened to use weapons, the victim’s risk of domestic violence homicide is 20.2 times that of the average domestic violence victim.

The Top Five Risk Factors

The numbers in parenthesis indicate the factor by which a domestic violence victim’s risk of homicide is increased relative to other domestic violence victims.

Has the abuser ever used, or threatened to use, a gun, knife, or other weapon against victim? (20.2x )
Ever threatened to kill or injure victim? (14.9x) Document complete and accurate quotes of the threats
Ever tried to strangle (choke) the victim? (9.9x)
Is abuser violently or constantly jealous? (9.2x )
Has abuser ever forced victim to have sex? (7.6x )

The US Dept. of Justice has compiled a number of studies into a “lethality assessment list” of 17 risk factors for domestic violence homicide. (The full lethality risk scale can be found at www.ncjrs.org/pdffiles1/jr000250e.pdf)

Have an exit strategy.

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

Divorce, General Legal, Opinion

Don’ t Pull Tricks

08/31/2015 BowTieLawyer Leave a comment

Lawyers have a bad reputation. Some deservedly so.

But a good rule of thumb is to not pull tricks.

I was representing a client when they called in a panic around noon during the week. The alarm was going off at the house. I told them to call the police and go check on the house.

The police responded and cleared the home. Upon inspection, my client discovered the back door was kicked in, the phone lines cut and just about everything that could be moved was, including the dishwasher.

The client called me asking if she should report a robbery. So, dear reader, you are wondering why is this client calling me? Well, just a few days prior the client’s spouse was served with a complaint for divorce and a request for temporary relief. I informed my client that she had in fact not been “robbed,” but that her husband had hired a local attorney. She asked me if that attorney had called or filed something. No. I could tell by her spouse’s actions who he had hired.

It was discouraging and disheartening, but alas, apparently not illegal. However, we had a temporary hearing soon thereafter and everything taken that should not have been had to be returned and the damages caused and expenses related to his conduct were reimbursed. It gave no tactical advantage and made the other client and opposing lawyer look like jerks in front of the judge.

Similarly, clients have the option of pulling tricks. Misrepresenting the facts, creating circumstances that make the other party look bad and knowing the other’s dirt may allow for a temporary advantage that could backfire. Also, if you know it’s bad advice, you don’t have to take it.

Matthew Thompson is a Family Law attorney and strives to give good advice and not pull dirty tricks.

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

Bow Tie

Happy National Bow Tie Day!

08/28/2015 BowTieLawyer Leave a comment

A friend reminded me that today is National Bow Tie Day! It snuck up on us, yet again.

Lego bow tie from Lego Extravaganza 2014.

You can read about the origin of the TLF trademark Bow Tie, “Why the Bow Tie.“ You can peruse a list of notable bow tie wearers, and even educate yourself on the history of bow ties.

Happy National Bow Tie Day!

Matthew Thompson is a bow tie wearing Domestic Relations Attorney in Mississippi and wishes you a very warm and Merry National Bow Tie Day!

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

CraigsList Sales the Safe Way.

08/28/2015 BowTieLawyer Leave a comment

You can find some smoking deals online. Furniture, cars, and fishing supplies, among a plethora of other items are available. But along with hot deals comes the potential for shady dealings.

However, Rankin County has a solution. The Rankin County Sheriff’s Office and multiple police departments in the area are creating “Safe Zones” for online “Craigslist” type transactions in the parking lots of at the Sheriff’s Office and police stations.

Rankin County Sheriff, Bryan Bailey, and many of the local police chiefs in Rankin County are encouraging the public to use the agencies’ parking lots and/or lobbies for their online transactions when a face to face meeting and exchange is required.

Many of these locations are under 24-hour video surveillance and have a constant flow of law enforcement personnel at all hours.

“We believe that this will prevent robberies and violent crime, and we hope this will make our citizens feel safer,” said Sheriff Bailey. “Providing these ‘Safe Lots’ are something positive we can do for our community at absolutely no cost.”

The following locations may be used;

Rankin County Sheriff’s Office in Brandon

Brandon Police Department

Pearl Police Department

Flowood Police Department

Florence Police Department

Pelahatchie Police Department

Reservoir Police Department

*Hat tip to Jackson Jambalaya for getting the scoop.

Matthew Thompson is a Domestic Relations Attorney in Mississippi and likes getting a good deal, just like the rest of you!

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