Tag Archives: affair

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

alienation, Child Custody, Crime, Divorce

One Way to Stop Having an Affair!

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Stop having the affair.

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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

Divorce, Marriage, Opinion

Things you CAN Cheat on…

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We’re constantly told, reminded and scolded about what we cannot cheat on.  But, there are some things you can cheat on, or things that even if you do the consequences are not so dire.

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#1. Your Diet. Go ahead and cheat.  “Tomorrow” is the most popular day to start a diet anyway, followed closely by “next Monday.”

#2. Video Games.  While you do not want to teach your children to cheat, using the “god mode” code makes the game more better. Invincibility only exists in a video game world anyway.

#3.  Taxes.  This is not recommended, but chances are you are cheating and don’t even know it with the complexity of the Internal Revenue Code. Under reporting income or over reporting expenses or deductions  is common and often unintentional.

These are just 3  of the things that cheating on likely will not lead to a long, miserable life, well #3 might, just ask Al Capone.

Matthew Thompson is a Family Law Attorney in Mississippi and advises you to cheat on your diet, not on your spouse or taxes!

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

 

Divorce, Opinion

Adultery Train; All Aboard. Next Stop, TROUBLE.

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An affair plays a significant role in a large number of divorces.  It is a train wreck to a relationship.

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Beezqp- “Big Bad Locomotive”

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

Divorce, General Legal

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

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

vectorolie/ free digitalphotos.net

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

 

Crime, Divorce, General Legal, Opinion

AshleyMadison; The Naked Truth.

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The List has been leaked. The names have been scoured. More than a few were familiar to you…

AshleyMadison is all the talk, but your name being on the list is not a conviction, at least not yet. It does not even mean you used it.

The site is supposedly anonymous. Meaning anyone could enter a User Name (not their real name), use a Prepaid Gift Card and a dummy (or generic) email address. Reports indicate some did just that. However, some most certainly did not.

Also, just because you were on the list did not mean you had an affair. It means that perhaps you wanted to, intended to, or wanted to have some chat time with a fictional woman.  The man to woman ratio makes it highly unlikely that those users of the site were “successful.”

It also means that some of those listed in all likelihood had affairs and spent money doing so.  In some instances, it’s being reported, thousands of dollars were spent. This is trouble for several reasons. 1) It is circumstantial evidence of an affair, certainly inclination (or infatuation), and 2) spending money on a girlfriend, or boyfriend, is Marital Waste.

It is at best just embarrassing and at worst indicative of family problems in the past and probably some more to come.

Matthew Thompson is a Family Law Attorney in Mississippi and recommends that if you are on the list it’s time to make that call.

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

Divorce, General Legal, Opinion

Why Ashley Madison’s Data Dump May Lead to Your Son Getting Dumped

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“Life is short. Have an affair.®” is the tag line that greets you at AshleyMadison.com.

However, a recent hack of AshleyMadison’s data servers may make your life even shorter.  Approximately 32 million users worldwide had their data hacked, including, names, email addresses and credit card information.

A group called the Impact Team demanded that the owner’s of AshleyMadison, and another site, remove their sites or be faced with having “secure” customer information released to the masses.

The Impact Team reportedly object to AshleyMadison’s moral turpitude and fraudulent business practices.  One example was that for an additional fee AshleyMadison promised to completely remove your online presence with them, which they did not follow through on.

The fall out is still in its earliest stages. Reviews of the logins and emails show a number of seemingly fake names and email addresses created for shenanigans, but credit card numbers may show otherwise.

The Impact Team’s response was “We have explained the fraud, deceit, and stupidity of ALM and their members. Now everyone gets to see their data…. Keep in mind the site is a scam with thousands of fake female profiles. See ashley madison fake profile lawsuit; 90-95% of actual users are male. Chances are your man signed up on the world’s biggest affair site, but never had one. He just tried to. If that distinction matters.”

AshleyMadison responded “This event is not an act of hacktivism, it is an act of criminality. It is an illegal action against the individual members of AshleyMadison.com, as well as any freethinking people who choose to engage in fully lawful online activities…The criminal, or criminals, involved in this act have appointed themselves as the moral judge, juror, and executioner, seeing fit to impose a personal notion of virtue on all of society. We will not sit idly by and allow these thieves to force their personal ideology on citizens around the world.”

The takeaway is that your online information is not as safe as you think it is and when a third-party has it others can get it.

Matthew Thompson is a Family Law Attorney in Mississippi and is advising his clients to not have affairs.

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

Divorce, General Legal, Opinion

Less is More…Knowing the Dirt May Do More Harm Than Good.

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Confession is good for the Soul.

http://mattfradd.com/confession-a-socratic-dialouge/

However, what’s good for the Soul may not be so good for your marriage.  Sometimes knowing the details, deeds and dirt makes it impossible to “forgive.”  Knowing the location of the “scene of the crime” results in PTSD every time you pass by.  Knowing the name of the paramour gives you the HeeBeeGeeBees when you have a waiter/waitress with the same name.  Also, even when you know all the dirt, you still wonder if you really do.

If the goal is to attempt to reconcile and work through life’s difficulties, you may well be better served by the mantra- Less is More.

Read about “The Dirt” here, “The Book of Sins” here and more on “Reconciliation” here.

Matthew Thompson is a Family Law Attorney in Mississippi and believes that sometimes ignorance is bliss. Consult your attorney, counselor or mental health professional for more info!

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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