Stop having the affair.
Stop texting, talking, FaceBook stalking, lunching, canoodling, meeting, pining, yearning, lying, pretending, excusing, allowing, submitting.
Matthew Thompson is a Divorce Attorney in Mississippi and suggests you stop.
Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm
You may also contact Matthew with your family law case at (601) 850-8000 or Matthew@BowTieLawyer.ms
An affair plays a significant role in a large number of divorces. It is a train wreck to a relationship.
A sure-fire way to wreak havoc in a marriage is to have an affair. Mississippi law defines adultery, for now*, as sexual intercourse with a person of the opposite sex, not your spouse. However, due to the secretive nature of affairs you do not have to have an admission to prove adultery.
The ground can be proven through circumstantial evidence.
Upon a satisfactory showing of
1) inclination or infatuation, which can consist of cards, notes, emails, love letters, texts and phone records showing many calls; and
2) opportunity, which is the spouse and that other person alone together, be it in a car, house, motel, hotel, park or back alley, a Court can find that fault grounds exist.
Due to this, even the whole “it’s only an emotional affair” and the “we didn’t have sex” may not be enough to stop the Adultery train from running over you.
So, why do people have affairs? They can be exciting, fun and pleasurable, at least for a little while. What leads to this? Sometimes the person is unhappy, dissatisfied, over-stressed, unloved, under-appreciated, or at least believe that they are.
The problem is the affair does not fix the problem. It only serves to make things worse. Because along with an affair comes new baggage. Guilt, secrecy, and the emotions of a third person are now commingled in your personal life. An affair not only hurts your spouse, but also you, your children and the other party. It has emotional consequences, financial consequences, custody consequences and legal consequences.
An affair is a Train wreck in the making.
Matthew Thompson is a Family Law Professor at MC Law and a Divorce Attorney encouraging you to avoid train wrecks!
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
Adultery may be considered a crime in Mississippi. It is defined as sexual intercourse with person of the opposite sex not your spouse.
Alienation of Affection (AOA) is a separate claim, known as a common law tort. A tort is a civil wrong, as opposed to a criminal wrong. AOA is rooted in case law and provides an equitable remedy and its intent is to protect marriages.
AOA allows the wronged spouse 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 Mississippi is one of them and in the 1990’s our appellate Courts reaffirmed AOA as alive and well in the Mississippi legal system.
Alienation of Affection requires;
1) Wrongful Conduct (ie: adultery, though not required), 2) Loss of Affections, and 3) a Causal Connection be shown between the Wrongful Conduct and Loss of Affection. 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.
*As an aside, North Carolina recognizes Alienation of Affection 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, causal connection or even a real relationship.
So what is the take away here? Just because you are not married does not mean you are free to have an affair. You will be a material witness in the divorce case, could be subject to criminal prosecution and stand a pretty good chance of getting sued. And if you go to North Carolina, you better behave.
Matthew Thompson is a family law attorney that can handle your divorce or alienation matter and warns persons about visiting North Carolina.
Follow the blog: BowTieLawyer
Visit the website: Thompson Law Firm
You may also contact Matthew with your family law case at (601) 850-8000 or Matthew@bowtielawyer.ms
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
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
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.
Follow the blog: BowTieLawyer
Private Investigation is not as glamorous, or as easy, as you think it is…
Why should I get a P.I.?
They know what they are doing. (usually)
They are good at what they do. (usually)
They are professional, will document their efforts and testify in Court.
They can be objective and unemotional about your circumstances.
They aim to satisfy as they care about their reputation.
Why doing it myself is a bad idea?
You do NOT know what you are doing. (Watching old reruns of Magnum PI does not qualify you for the job)
You are NOT good at it. You will get caught following too closely, spotted watching them, seen taking an obvious picture, or will lose them in the crowd.
You’re efforts will be viewed as biased. (of course you will say you saw him cheating, you’re trying to get a divorce!)
You CANNOT be objective nor unemotional. (the desire to confront her will be almost unbearable)
You do not care what anybody thinks!! (He’s a perv!!)
Read more on what a Private Investigator needs from you.
Matthew Thompson is a family law attorney and has seen the P.I. at the restaurant, “on the clock” and knew NOT to say hello!
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.
I hear this term a lot, “Biblical divorce.”
Most commonly it means having the fault ground of Adultery as the basis for the divorce. It is widely held that this is the only “Biblical Ground” for divorce and absent Adultery you cannot or should not get a divorce.
“Biblical grounds” can also include abuse and abandonment, depending upon your denomination. These, adding to the list the reasons that a divorce may be allowed.
Interestingly, the Bible also states “I say to you that everyone who looks at a another with lust has already committed adultery in his heart.” Mt. 5:28 This expresses the idea that lust for another, not your spouse, is “Biblical Grounds” for divorce.
Divorce is something no one really plans for (prenups notwithstanding). It is something that is routinely despised yet, it is also sometimes very necessary.
If you are struggling with issues of Divorce contact your clergy, counselor, or even an experienced family law attorney. They may well help you with your struggles.
Matthew Thompson is an Attorney practicing Family Law in Mississippi and may can help you.
Follow the blog: BowTieLawyer
Visit the website: Thompson Law Firm
You may also contact Matthew with your family law case, question or more information on Child Custody and Divorce. (601) 850-8000 or Matthew@bowtielawyer.ms.
(601) 850-8000 - - BowTieLawyer.MS 