Tag Archives: Adultery

Divorce

TikTok, Alienation is on the Clock = $1.75 Million Dollar Judgment

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In what can only occur in our modern, social media-driven times, a North Carolina woman is found liable for breaking up a marriage and ordered to pay $1.75 million dollars to the wronged spouse. And her own TikTok videos were exhibits!!

https://www.yahoo.com/entertainment/celebrity/articles/tiktok-star-accused-stealing-woman-232505117.html

Alienation of Affection allows the wronged spouse in a marriage to sue the “significant other” of the guilty spouse for the breakdown of the marriage.  There are only 6 states in the country that still recognize AOA, but North Carolina and Mississippi are amongst them, and as recently as the 1990’s our Courts have refused to abolish this tort, reaffirming its place in the Mississippi legal system.

So what is AOA?

The elements are;

1) Wrongful Conduct (ie: adultery, though not required),

2) loss of affections, and

3) a causal connection.  

All 3 must be present for a viable claim.  There is a 3-year statute of limitations in which to bring the claim, beginning when the loss of affection is finally accomplished.

One of the issues that made this case especially egregious is that a tiktok video indicated that Brenay Kennard bought a pregnancy test after saying “I am getting down and dirty in the sheets.” At trial Kennard denied being sexually active at that time.

Another video featured Kennard saying, “I make her very uncomfortable.” Kennard admitted “her” referred to Akira Montague (the wife), but said “uncomfortable” could mean many things. She again denied being sexually active with Timothy Montague while he and Akira were together.

The jury did not buy it.

*As an aside, North Carolina has AOA and a separate tort called “criminal conversation” which only requires proof of sex with a married person for the “significant other” to be liable for damages.  It does not require loss of affections or a causal connection or even a real relationship.

Thirteen years ago I typed these prophetic words, “So what is the take away here?  Just because you are not married does not mean you have no culpability in an affair.  You will  be a necessary witness in the divorce case and stand a chance of getting sued yourself for AOA.  And if you go to North Carolina, you better behave.“

$1.75 million dollars later and the above words are still true today!!

Matthew Thompson is a family law attorney in Mississippi and reminds you Alienation of Affection is alive and well and can make you pay!!

Divorce

Coldplay is a cold play – Uh Oh …

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These photos are still shots of a video taken at a recent Coldplay concert. A couple, caught up in a moment, got caught in the moment…allegedly.

Lead singer, Chris Martin is heard saying  “Either they’re having an affair or they’re just very shy…Holy sh-t. I hope we didn’t do something bad,”

As the internet is known to do, online comments are all atwitter!

“Cost of a concert: Hotel $200, tickets $600, food/drinks $150, divorce attorney $50,000. Getting exposed by Coldplay having an affair with your co-worker: priceless,” wrote Instagram user Trustfundterry.

One X user claimed that Byron’s wife had dropped her married name from her Facebook profile, and didn’t restrict people from making comments. Source. https://nypost.com/2025/07/17/us-news/couple-caught-on-kiss-cam-at-coldplay-concert-dodges-out-of-sight-as-chris-martin-wonders-if-theyre-having-an-affair/

This video and story has gone viral for all of the wrong reasons!

Matthew Thompson is a Mississippi divorce attorney and advises 1) do not have an affair and 2) if you are going to anyway, be discreet.

Crime, Divorce, General Legal

Divorce Court vs. Criminal Court

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Sometimes divorcing parties act like criminals, but Divorce Court is NOT Criminal Court (typically).

Divorce court, a.k.a. Chancery Court, is a civil court. The Court’s function is to legally divorce parties that are entitled to be divorced and divide property. The Court has the authority to deal with and punish conduct that is violative of its Orders or disruptive conduct that occurs directly in its presence. Other than those instances it is not a punitive Court. You typically are not punished for marital fault…

Criminal court, which can be Circuit, County, Municipal, or Justice, among others, can punish. These Courts have prosecutors whose job is to prove the accused committed a crime/violated a law. The Judge or a jury determines if the matter was proven and a punishment, including; incarceration, fines, and other remedies.

However, sometimes these can relate or overlap. Conduct that could serve as grounds for divorce, such as domestic violence, is also a crime. The Court’s are independent of one another and you can be punished in Criminal Court and divorced in Chancery Court over the same facts.

Interestingly, your right to plead the fifth, invoking the Fifth Amendment to the Constitution can be done in both Courts. While it cannot be used against you in Criminal Court, it can be used to make an adverse inference in Chancery Court. So, if you are accused of adultery/habitual fornication in Criminal Court, which IS a crime in Mississippi, you may invoke the fifth and the prosecutor must prove a violation of the law by beyond a reasonable doubt, however in Divorce Court, while you may invoke the fifth, the Court can treat that as an adverse inference/admission and could find such to be enough to rise to clear and convincing evidence of adultery. Confused yet?

Divorce Court and Criminal Court are different animals, with different standards and different outcomes. However, all are serious and your rights may be infringed if the Court determines they should be.

Matthew Thompson is a Divorce Court lawyer and encourages those charged with a crime to confer with an experienced Criminal Defense attorney.

Divorce, General Legal, Opinion

Careful of Your Online Footprint…

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What goes on the internet stays on the internet!

Flim Flam – Steve Robertson

I recently read the book Flim Flam. One theme that stuck out was that your activities through electronic devices leaves a footprint that can be traced back to you.

This is a good lesson for persons maneuvering a family law matter. Your digital footprint will lead back to you.

Hillary Clinton and Tom Brady know this and you should too.

Just like in real life, your mother told you (or divorce attorney) not to go places you don’t need to go. Well, don’t go there electronically either.

Matthew Thompson is a family law attorney in Mississippi cautioning you that your digital footprint may lead straight back to you.

(601)850-8000

http://www.BowTieLawyer.ms

Divorce

Fault Grounds for Divorce in Mississippi: Updated!

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The Mississippi Legislature amended the Fault Grounds for divorce last term to include spousal domestic violence and tweaked the corroboration requirement. The current Fault Grounds for Divorce are below. You only need one.

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§ 93-5-1. Causes for divorce

  • Divorces from the bonds of matrimony may be decreed to the injured party for any one or more of the following twelve (12) causes:
    • First.  Natural impotency.
    • Second.  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 a knowledge by complainant of the adultery.
    • Third.  Being Sentenced to any Penitentiary, and not pardoned before being sent there.
    • Fourth.  Willful, Continued and Obstinate Desertion for the space of one (1) year.
    • Fifth.  Habitual Drunkenness.
    • Sixth.  Habitual and Excessive use of Opium, Morphine or other like Drug.
    • Seventh.  Habitual Cruel and Inhuman Treatment, including Spousal Domestic Abuse.

   Spousal Domestic Abuse may be established through the reliable testimony of a single credible witness, who may be the injured party, and includes, but is not limited to:

   That the injured party’s spouse attempted to cause, or purposely, knowingly or recklessly caused bodily injury to the injured party, or that the injured party’s spouse attempted by physical menace to put the injured party in fear of imminent serious bodily harm; or

   That the injured party’s spouse engaged in a pattern of behavior against the injured party of threats or intimidation, emotional or verbal abuse, forced isolation, sexual extortion or sexual abuse, or stalking or aggravated stalking as defined in Section 97-3-107, if the pattern of behavior rises above the level of unkindness or rudeness or incompatibility or want of affection.

  • Eighth.  Having Mental Illness or an intellectual disability at the time of marriage, if the party complaining did not know of that infirmity.
  • Ninth.  Marriage to some other Person at the time of the pretended marriage between the parties.
  • Tenth.  Pregnancy of the wife by another Person at the time of the marriage, if the husband did not know of the pregnancy.
  • Eleventh.  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.
  • Twelfth.  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 and causes thereof, confined in an institution for persons with mental illness for a period of at least three (3) years immediately preceding the commencement of the action… (see statute for complete description).
Divorce, General Legal

Legal Forgiveness = Forgiveness? in a Divorce Action

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One of the most claimed grounds for divorce is Adultery. Actually, the statue refers to it as “Uncondoned Adultery.” What, you ask, is Uncondoned Adultery? That is adultery that has not been “forgiven.”

Condonation is “legal forgiveness.”  This happens when the aggrieved spouse knows of the fault and decides to reconcile with the other party. You resumed living together as husband and wife, had sex and otherwise tried to make it work.

Once this occurs you no longer have grounds for divorce based on Adultery. Even if it didn’t work!

There are a few strings attached, however. The guilty spouse must, in “good faith” attempt the reconciliation. Additionally, the aggrieved spouse can only forgive what they know about. If there were multiple affairs and all were not disclosed there may still exist fault grounds, whether they are aware of it or not. Also, if the adultery is repeated it revives the grounds for divorce.

Condonation is a difficult issues to wrestle with in divorce.  The Court must consider the knowledge of the aggrieved spouse, the intent of the guilty spouse, the effort(s) to reconcile – whether they are in good faith. All these are fact specific and subjective determinations to be made by the Court.

Matthew Thompson is a divorce attorney in Mississippi and cautions you that some lawyers will advise the guilty party to do or say whatever is necessary to get the other party back in bed, for “reconciliation,” so that the defense of Condonation may be used.  

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Crime, Divorce

What is an Affair?

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Mississippi law defines an affair as uncondoned sexual intercourse with a person of the opposite sex, not your spouse.

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This definition is evolving, however. With recent changes in the law regarding who can get married the requirement that it be a person of the opposite sex is no longer a valid limitation. Additionally, it must be uncondoned which means without either permission before or forgiveness after.

Because affairs are so secretive in nature the Court can use circumstantial proof to find you guilty of Adultery. Upon a showing of inclination and opportunity the Court can conclude you cheated even over your absolute denial and total absence of DNA evidence! Frankly, DNA evidence and divorce Courts have not caught up with CSI, yet.

Inclination (or infatuation) is the many, many number of calls, texts, emails and love letters, communicating all hours of the night and day. The contact between the spouse and the paramour.

Opportunity is just them being alone together long enough to… This could be the house, car, park, hotel, motel or back alley.

Does other stuff count, as opposed to just sexual intercourse? It could. It also stands to reason that the Court could infer that if you are doing other stuff it includes intercourse.

Matthew Thompson is a Mississippi Divorce Attorney and reminds you to not have an affair.

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

Crime, Divorce, General Legal, humor

Judges; Human Lie Detectors

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“Do you swear or affirm the testimony you are about to give is the truth, the whole truth and nothing but the truth?”

All testimony is under oath. Judges apply the smell test to determine your truthfulness. Testimony that doesn’t make sense fails this test.

A man, after having been caught with his girlfriend, denied they were intimate because he could not…perform.  There was testimony that he had issues in that department. However, he was also on medication for his ailments.  He continued his medication even months after separating from his wife.  He did NOT have a good explanation for that.

Judge knew he was NOT telling the whole truth. You can lose your credibility on something seemingly trivial. Judges listen intently and judge you. That is their job. If you lie about little things or are “cute” with your answers then they may assume you’ll lie about big things.

Matthew Thompson is a Divorce Lawyer in Mississippi and recommends you tell the truth and nothing but the truth…but only answer what is asked.

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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