Tag Archives: alienation

alienation, Divorce, General Legal, Opinion

R. Kelly; Singing the Blues?

05/17/2017 BowTieLawyer Leave a comment

Robert Sylvester Kelly, better known as R. Kelly, has been sued in Hinds County, Jackson, Mississippi.

Kelly, a singer, songwriter, record producer, and former professional basketball player, is the named Defendant, along with his professional entities, in a pending Alienation of Affection lawsuit. The suit was filed by a Hinds County Sheriff’s Deputy, Kenny Bryant.

Bryant alleges that R. Kelly interfered with Bryant’s marriage relationship ultimately alienating his wife’s affection from Bryant.

Alienation of Affection is a Mississippi common law tort. That means it is a civil wrong, based on case-law and not a statute.

Alienation of Affection claims allow 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 Alienation, but Mississippi is one of them and in the 1990’s our appellate Courts reaffirmed Alienation as alive and well in the Mississippi legal system.

Alienation of Affection requires;

1) Wrongful Conduct, ie: adultery;

2) Loss of Affections, meaning there was a good relationship prior to the wrongful conduct; and

3) Causal Connection linking the Wrongful Conduct to the actual 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.

Even if the above can be shown it does not mean that the Plaintiff wins. A jury would then decide a money value on the “damages.” That is a hard figure to quantify.

alienation, Child Custody, Divorce, Visitation

Influencing Your Child (negatively) does NOT make you a good parent.

02/04/2016 BowTieLawyer 1 Comment

Little Johnny will say just about anything…

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Tears at the custody/visitation exchange are normal. Usually, 5 minutes after the exchange all is back to normal. The tears do not mean that they genuinely fear the other parent, or worse, or that they only want to be with just one parent. They are a child.

As a parent of that child your primary responsibility should be to comfort the child! You should not make the situation worse by being pouty, confrontational or making statements that inflame the situation. You should not toy with the child’s emotion on whether they can stay just a little while longer.

Instead you should fake happiness for the child that they get to spend time with the other parent. For example, “Look Little Johnny, mommy is here. You and mommy are going to have so much fun and I’ll see you again real soon!” Do this while helping the child get in the car and make sure he or she has their stuff. That’s it.

That’s how exchanges should go. If you, as a parent, are not helping, then you are the problem. Try to ease the anxiety for your child. Put your own selfishness aside and stop the hate of the other parent for about 3 minutes.

Getting your child to tell the other parent what “they” want, when we all know it’s really what you want is damaging as well. It’s not an accomplishment to get a child to say something. It’s easy. What apparently is not easy is being a decent human being. Try it. You may just have a happier child and a happier life.

Matthew Thompson is a Child Custody attorney and advises his clients to do the right thing and what is best for the child EVERY time.

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

Get Off the Crazy Train, NOW!

12/22/2015 BowTieLawyer Leave a comment

Divorce can make you crazy.

The process is hard, confusing, emotional, and sometimes contrary to common sense.

It can be easy to lose yourself in the emotion and overreact. Don’t. Think before you act. Respond deliberately in a fashion calculated to help your case, your kids and ultimately yourself.

I have seen the Crazy Train too often. It always, always goes off of the rails. I have seen the horrible FaceBook postings about this parent and that parent. I have seen the game playing of bad mouthing one parent to school officials or friends. I have seen improper papers delivered demanding this result or that result. I’ve seen parents manipulate a child to fear and loathe the other. I have seen the schedule used to interfere with the other parent’s time.

Get off the Crazy Train NOW.

Matthew Thompson is a Divorce and Child Custody Attorney in Mississippi, the Hospitality State, and recommends you get off the crazy train.

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

alienation, Crime, Divorce

Alienation of Affection; Sued for Sex…

10/22/2015 BowTieLawyer Leave a comment

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.

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Visit the website: Thompson Law Firm

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

alienation, Crime, Divorce, General Legal

Criminal Conversation (Just Sex)

03/29/2013 BowTieLawyer 1 Comment

Criminal Conversation is likely the most misleading term you will hear or read today. Criminal conversation, briefly mentioned in this prior blog on Alienation of Affection, is today’s topic.

Criminal Conversation is an act of adultery between a person and the spouse of another. This tort, meaning a civil wrong, commonly arises in Alienation of Affection situations, but differs greatly from AOA. Alienation allows a wronged spouse to sue the “significant other” of the guilty spouse for the breakdown of the marriage. It requires proof of 3 elements; 1) Wrongful Conduct, 2) loss of affections, and 3) a causal connection.

In Criminal Conversation if you have sex with a married person, who is not your spouse, you are guilty. There is no defense to the tort of criminal conversation.

Consent of the wife is no defense. The fact that the wrongdoer did not know the wife was married, but believed her to be single is not a defense. The fact that the wife represented herself as single is not a defense. The fact that the wife was the aggressor is not a defense. The fact that she has been neglected or mistreated by her husband is not a defense. The fact that she and her husband were separated through his fault is no defense.

Criminal Conversation has been hailed as “notorious for affording a fertile field for blackmail and extortion” and action may be brought “not for the purpose of preserving the marital relationship, but rather for purely mercenary or vindictive motives.”Kline v. Ansell, 287 Md. 585, 414 A.2d 929, at 931. (1980). Courts have found that this tort is “incompatible with today’s sense of fairness” because there are no defenses to a cause of action. Id.

Several arguments have been advanced for the abolition of it, including;

(1) a woman is no longer the property of her husband;
(2) the tort has no deterrent effect;
(3) a cause of action may be brought for vindictive purposes;
(4) the potential for abuse is great;
(5) the tort is devoid of any defenses; and
(6) determining damages, meaning money, is difficult.

So now that you are sweating about this, rest easy. Criminal Conversation was abolished by the MS Supreme Court in 1992 in the case of Saunders v. Alford, 607 So.2d 1214 (Miss. 1992). Alienation of Affection, however, is alive and well.

Matthew Thompson is a family law attorney in Mississippi. If you need to have a conversation with a lawyer about family law you know who to call.

Follow the blog: BowTieLawyer

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

alienation, Crime, Divorce

Arrested & Divorced; Just Say No!

09/14/2012 BowTieLawyer 6 Comments

Everyone knows that Adultery is a fault ground for divorce in Mississippi. Adultery is defined as sexual intercourse with a person of the opposite sex, not your spouse. It also must be uncondoned, which means legally forgiven by the other spouse, and it cannot have been committed in collusion with the other spouse just to gain a divorce. MCA § 93-5-1.

However, Adultery may also be considered crime!

§ 97-29-1. Adultery and fornication; unlawful cohabitation

If any man and woman shall unlawfully cohabit, whether in adultery or fornication, they shall be fined in any sum not more than five hundred dollars each, and imprisoned in the county jail not more than six months; and it shall not be necessary, to constitute the offense, that the parties shall dwell together publicly as husband and wife, but it may be proved by circumstances which show habitual sexual intercourse.

So in addition to having a divorce granted against the offending party they could also be arrested and prosecuted and face a $500.00 fine and/or up to 6 months in the county jail. And that may not even be the worst of it with the potential for an Alienation of Affection lawsuit out there. (It’s actionable to sue someone for the breakdown of your marriage, a blog for another day).

In the words of Nancy Reagan, “Just Say No!”