Tag Archives: bowtielawyer

Divorce, General Legal, Marriage, Opinion

Mississippi in the News- A Test Case on Same-Sex Divorce

10/02/2013 BowTieLawyer 4 Comments

Mississippi is the site of the latest same-sex challenge to laws preventing same-sex persons from getting married and seeking a divorce.

same-sex-divorce-cake-story-top — http://www.CNN.com

A Mississippi resident, who married her spouse in California, is now seeking that a Mississippi Court divorce them. The couple lived in Mississippi for some time after their marriage and ultimately separated in the Magnolia State. The case is pending in DeSoto County Chancery court and has garnered world-wide attention.

However, it may not be a walk in the park…

MS law specifically provides that a same-sex marriage is VOID. Void means it does not exist, not that it could if everything was just right. Void=nothing. The law goes on to specifically deny that MS has to recognize another state’s same-sex marriage.

MCA 93-1-1, (2) Any marriage between persons of the same gender is prohibited and null and void from the beginning. Any marriage between persons of the same gender that is valid in another jurisdiction does not constitute a legal or valid marriage in Mississippi.

Now before you bash MS too much for this, it is quite common that states have different laws regarding requirements for persons to get married in their respective states. Different laws can be allowed. For instance you can marry your niece-in-law in California, but not in Utah. And Utah does not have to recognize the CA marriage. Nothing to do with same gender on that restriction. Also, most states prohibit same-sex marriage, only 14 states allow same-sex marriage, at this time.

There are several issues that are apparent in this MS pending matter.

Issue #1. MS law, which at this time is valid and constitutional by the way, disallows their “marriage” to be recognized as a marriage. And, if no marriage, then there can be no divorce.

Issue #2. The Mississippian sued her spouse on Habitual Cruel and Inhuman Treatment. The parties had been separated for over 3 years by the time of filing which may be an indicator of limited grounds regarding cruelty, which is one of the most difficult grounds to prove. So there may not be a divorce on cruelty anyway, as the plaintiff could not meet her burden of proof.

Issue #3. The Mississippian sued her spouse for Adultery. Adultery, in Mississippi, is defined as “sexual intercourse with a person of the opposite sex, not your spouse.” Despite this being the Bible Belt, it is possible that Mrs. Defendant is in another relationship with another person, of her same sex, and is still not committing “adultery.” Technically speaking, of course.

Issue #4. The Constitution’s Full Faith & Credit clause. FF&C requires that a valid Order from one State be recognized in another. The catch is a Marriage is not an Order, but rather a contractual arrangement between the two spouses and the state that they are being married in. This means a marriage is not entitled to Full Faith and Credit. Interestingly, a divorce would be, assuming the Jurisdictional/residency requirements were met.

So, some legal mumbo-jumbo and a refrain from a little common sense results in…nothing. That is exactly what this litigant will get from Mississippi and will likely get it in abundance. Stay tuned for more developments.

Matthew Thompson is a family law attorney and domestic relations adj. professor at MC Law; Keeping you abreast of the ever-changing world of family law in which we live in.

Follow the blog: BowTieLawyer Visit the website: Thompson Law FirmYou may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms

Bow Tie, Divorce, Opinion

Happy National Bow Tie Day!

08/28/2013 BowTieLawyer 1 Comment

August 28 is a day of note. It is National Bow Tie Day!

“Bow Ties are believed to have originated among Croatian Mercenaries during the Prussian wars of the 17th century. These Croat mercenaries used a ‘scarf’ around the neck to tie the opening of their shirts. This was soon adopted by the French upper classes in form of the cravat. From there the neck-ware flourished in the 18th and 19th centuries.” http://en.wikipedia.org/wiki/Bow_tie

“It is uncertain whether the cravat then evolved into the bow tie AND necktie, or whether the cravat gave rise to the bow tie, which in turn led to the necktie.” Id.

I celebrated the day by wearing a bow tie to Court. It probably had no impact on the outcome, but the judge made a comment about it. He has “worn one once or twice,” but has not mastered tying one, just yet.

The bow tie is frequently a topic of conversation. I was recently told that only 2 types of people wear bow ties; 1) law professors and 2) clowns. The person saying this, I think, was trying to make a mild insult. They asked which was I. I responded with “law school professor.” It’s true.

I have previously blogged on “Why the Bow Tie.”

I know what you are thinking,

“Who are some Notable bow tie wearers?”

Abraham Lincoln
Franklin Roosevelt
Theodore Roosevelt
Winston Churchill
John Paul Stevens
Albert Einstein
Sigmund Freud
Humphrey Bogart
Frank Sinatra
Charlie Chaplin
Orville Redenbacher
Bill Nye
James Bond
Barney Fife
Donald Duck
The Cat in the Hat

Matthew Thompson is a family law attorney in Mississippi and prefers bow ties to regular neck ties.

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

Bow Tie, General Legal, Opinion

Thompson named Adjunct Professor at Mississippi College School of Law.

07/05/2013 BowTieLawyer 2 Comments

Matthew Thompson, founder of Thompson Law Firm, pllc, has accepted a position as an Adjunct Professor at Mississippi College School of Law. He will be teaching Domestic Relations, a 3-hour course, to rising 2L and 3L law students. Thompson has been in the private practice of law for the past 8 years, with an emphasis on Domestic Relations.

“I was honored to be asked by the law school and am excited to be teaching the family law class.” – Matthew Thompson

Thompson will continue to operate Thompson Law Firm, pllc.

Matthew currently serves on the Board of Directors for Mississippi Legal Services Corporation and the Mississippi Volunteer Lawyers Project. Matthew is President of the Madison County Bar Association, Chairman of the Legal Committee in his neighborhood owner’s association, U5/6 Soccer Commissioner with the South Madison County Soccer Organization, Coach of the Thompson Law Firm FireAnts and BlueBirds soccer and t-ball teams, and serves on the Madison County Community Advisory Group.

You may contact Matthew at (601)850-8000 or Matthew@BowTieLawyer.ms

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.

Bow Tie, Crime, Divorce, General Legal, Opinion, Pets

BowTieLawyer’s Top Rated Posts of 2012 (and a few of my favorites)

12/31/2012 BowTieLawyer Leave a comment

Below are the Top Rated posts for BowTieLawyer for 2012 and a few of my favorites. Thank you for viewing this blog, posting comments and sharing. I think this is a worthwhile blog and I enjoy doing it.