I wear bow ties to Court. Pictures of me in a suit include me in a bow tie. I tie them myself and enjoy wearing them, the look and the attention.
I market the bow tie as well. My blog is blog.bowtielawyer.ms. A search of Bow Tie Lawyer reveals a lot of my musings.
Recently, I was awaiting court and was mentioned in a Tweet regarding bow tie selfies. Those are pictures of yourself in a bow tie. I took one. One of the other persons awaiting court whispered, “he just took a picture of his bow tie.” It was not a quiet whisper, though I believe it was intended to be.
So, what’s the point? Just remember that you are being watched. You are watched in Court, in your dealings out in public, in your daily routines and even those times when you think you are not.
Matthew Thompson is a family law attorney and reminds you to Watch Out!
Much like Bigfoot, the Chupacabra and Elvis, Soulmates have been sighted but remain elusive.
Being a divorce attorney requires an almost daily struggle with the existence of soul-mates. We all think we’ve found the “ONE” until we learn we, in fact, did not find the “ONE” and then wonder “what on Earth was I thinking?!”
Once it goes South, I hear “I never loved him/her.” Right… After 13 years, 2 children, and many happy years, it then was “never meant to be.” Perhaps it was meant to be for 13 years. Regardless, in addition to seeking your soul-mate, seek the one that complements your station in life, one that is a partner, a help-mate spiritually, emotionally, financially, and in immeasurable, intangible ways. Soul-mates may exist, but what are the chances that of the 6-7 billion people on the planet that the only one other person in the world that completes you just so happened to live 20 minutes away…
VOTE NOW!
Follow the blog: BowTieLawyerVisit 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
“Congratulations!” It’s an odd thing to think and to say at then end of a marriage.
idea go/ freedigitalphotos.net
Sometimes “congratulations” are not appropriate. Neither party is happy and it’s not what either party wanted. However, a divorce is not just the end of something. It is also the beginning of a new life. A life where even if you weren’t the spouse you should have been, you are not destined to repeat that. Perhaps you have not been the best parent, there’s time to repair those relationships. While you will still face difficulties and you will more than likely still have to deal with your ex, the control that was once there is limited and you can change bad habits.
There’s a book out called the Power of Habit by Charles Duhigg. This was recommended to me by a Business Coach named Glenn Finch with Atticus. Atticus is unique company which advises lawyers & law firms on how to standout in their field. (insert corny joke here). The Power of Habit basically notes that bad habits, while they cannot be eliminated, can be replaced. You can train your brain to react to a stimuli in a different manner than “normal” by replacing the habit.
It’s often thought that the “second-time-around-spouse” gets the “better” you. You’ve learned from your mistakes and experience is the best teacher. And sometimes, just sometimes, you got rid of someone whose mission, it seemed, was just to bring you down.
Congratulations, you are divorced.
Matthew Thompson is Divorce & Family Law Attorney in Mississippi and knows that “congratulations” is not always appropriate, but silver linings and all…
Follow the blog: BowTieLawyerVisit 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
If I had a nickel for every time a parent has said,
“Well, Jr. is (insert age) so I reckon he picks where he lives, right?”…
I’d have a wheel barrow full of nickels.
It’s true that a child may express a custodial preference if they are 12 years old or older, however that preference alone will not carry the custody issue. It is but one factor that the Court must consider when performing an Albright Analysis. Albright is the case that lists the factors the judge must consider when determining custody.
Said another way a 12-year-old does not get to pick and that be the end of the story. There are a myriad of cases where a child has stated a preference for one parent and the Court determined that the best interests of the child favored the other parent. One famous case involved a 14-year-old that wanted to live with Dad. Dad purchased him a 4-wheeler, let him have a TV in his bedroom and kept his “Adult” magazines around, easily accessible. Mom, on the other hand, made him eat his vegetables, do his homework, no TV in his room and forbade inappropriate materials. If you’re a 14-year-old male teen, who would you pick? The Court determined, after a factual analysis, that mom was better suited for the teen, despite his stated preference. This case was upheld by the appellate court as well.
So, a child 12 or older can state a preference, but it may not carry the day. The better course would be for mom and dad to resolve the custody visitation issues and prevent the child from being in that position. However, that advice is easy to say and very difficult to follow in certain circumstances.
Matthew Thompson is a Child Custody Attorney in Mississippi. While child preferences in a custody case matter, that alone will not support an initial custody decision, nor is the sole basis for a modification.
Follow the blog: BowTieLawyerVisit 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
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: BowTieLawyerVisit 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
(601) 850-8000 - - BowTieLawyer.MS 