Tag Archives: divorce

Divorce

Abandoned, Deserted, Left…

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Desertion is one spouse’s willful abandonment of the marriage for at least 1 year without consent, just cause, excuse, or intention to return.

More commonly called abandonment, being left or just plain dumped, desertion is more than just a fight he or she leaving for the weekend.  It has to be for 1 year.  That is 365 days!  Also, the party that did not leave, cannot be materially at fault for the other person leaving.  This means you cannot kick him out, then sue for divorce, with no other intervening events.

Desertion can also occur even with no one leaving the house.  The “deserted” spouse must demonstrate that he/she did not consent to the “leaving of the relationship” and that a willingness to renew the relationship was refused by the deserting partner. However, if the deserting spouse makes a good faith offer to return and the other spouse then refuses, the refusing party could become the deserter.

Finally, there is a concept known as “constructive desertion.”  This occurs when the conduct of one spouse is so bad that it forces the other party to leave.  The above requirements still apply as far as the timing and that it could be prevented by a good faith offer of reconciliation.

Desertion is a viable fault ground for divorce, but it must be proven to the satisfaction of the Court and can devolve into a “he said, she said.”  Also, just because one spouse leaves it does not mean the other spouse gets all the property.  If the Court awards a divorce then a property split will also be done.

Matthew Thompson is a Divorce Attorney in Hinds County, Mississippi and if you’ve been left high and dry it may be time to get down and dirty.

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law case or question at (601) 850-8000 

Child Custody, Divorce, General Legal, Marriage, Opinion

Lawyers, Suicide & Family Law

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A recent report indicated that the legal profession has the 4th highest rate of suicide among professionals.

Family Law issues lead to a higher rate of depression than average and it is not uncommon for suicide threats and attempts to occur contemporaneously with Family Law matters.

If you find yourself dealing with these issues; family crisis, depression, thoughts of harming yourself or others, seek immediate help.  It does not mean you are weak.  You are human and emotions run the gamut in these situations.  Go to your Dr., seek out a Professional Counselor, your Pastor and/or talk to a lawyer or all of the above.  Oftentimes it is NOT as bad as you think and working with the right professional will aid your recovery.

Know this. Family law issues are NOT the end of your World and are NOT a reason to do something that cannot be undone.  Perhaps it’s cliché, but suicide is a permanent outcome due to a temporary problem.

Matthew Thompson is a Family Law & Divorce Attorney and Counselor at Law and can help when dealing with a family law crisis.

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

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Child Custody, Child Support, Crime, Divorce, General Legal, Opinion

How to be a TERRIBLE Person. (11 specific ways you can be mean & hateful.)

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In my profession I get to see a lot of what not to do almost, every day; from videos, texts, and emails to actions and sometimes inaction.

So, I have compiled a list of what terrible people do.  If you want to be terrible do these things, in no particular order.

  • Curse and scream at your spouse, as loud as you can, as often as you can.
  • Curse and scream at your children.
  • Make false abuse claims.
  • Lie about the false abuse claims even when it’s clear they are false.
  • Bad-mouth your child’s other parent to the child.  (Hey, it’s the truth, right!)
  • Interfere with their time with the child.  Just do it.  Sure it hurts your child too, that’s what makes it even more terrible.
  • Abuse your spouse or child. (Any form – all are terrible, some more-so than others.)
  • Refuse to support your family.
  • File suit when your ex paid 5 days late, even though they told you. It’s the principal, right?
  • Threaten to make public private images. (and mean it when you say it, at least in the moment.)
  • Refuse Christmas visitation.  Just because.

There you have it, 11 mean, hate-filled things that you can do to be terrible.

“Oh, and if you don’t want to be terrible don’t do these things.” – Matthew Thompson

Matthew Thompson is a Family Law Attorney in Mississippi and tries not to do terrible things or give terrible advice.

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

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Divorce, Irreconcilable differences

Lose Over 180 lbs in Just 60 Days* (via Divorce)

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Lose weight fast. This is not the type of “diet” usually recommended by Doctors, but it can free you from an unhealthy situation.

Mississippi law provides for an Irreconcilable Differences divorce process that can streamline divorce.  An “ID” divorce is the quickest, cheapest and most amicable means to get a divorce.  However, it is not always possible to take advantage of this type of divorce.

You and your spouse must;

  • Agree to a Divorce
  • Agree to all of the Terms of the Divorce Agreement (including custody, support, visitation, property division and financial terms)

The basic process is;

  • File a Joint Complaint for Divorce (this begins a 60 day waiting period)
  • Prepare and exchange financial Statements
  • Prepare and sign the Child Custody and Property Settlement Agreement
  • Prepare and sign the Final Judgment of Divorce
  • Present the paperwork to the Court for approval (after 60 days of the initial filing)

So, if you need to lose weight fast in the form of your spouse, please consult an attorney and consider the “ID” diet.

Matthew Thompson is a divorce attorney and can help you lose weight fast, via divorce.

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

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Divorce

“Nice people do…

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“Nice people don’t necessarily fall in love with nice people.”
― Jonathan Franzen, Freedom

Memorize the above.  Believe it.  #bowtielawyerms

Divorce, General Legal

Mississippi Same-Sex Divorce DENIED.

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Mississippi is again in the national news.  I blogged recently about a same-sex divorce case pending in Desoto County, Mississippi.  The Court has now rendered a verdict.

An apparent reluctant Judge, bound to follow the law as written, denied a divorce to a same-sex couple.  The couple, married in California, separated in Mississippi after residing here for several years.  Upon separation one party moved to Florida with the other remaining here.  The Mississippian initially sought a contested divorce, but it appeared that the parties had come to a settlement for a no-fault (irreconcilable differences) divorce.  However, their agreement to divorce was not enough.

Mississippi law, as it currently stands, prohibits the recognition of same-sex marriages in the State.  Therefor, if you do not have a marriage, you cannot get a divorce.  That is the basic logic that was applied in this instance.

Interestingly, State Attorney General Jim Hood intervened on behalf of the State.  The AG’s office argued that the Mississippi Constitution defines marriage as between one man and one woman and that MS has a specific statute that disallows recognizing another state’s same-sex marriage.  These arguments carried the day, at least for now.

The Mississippian, denied a divorce, plans to appeal the decision of the Chancellor and will challenge the constitutionality of Mississippi’s laws.  The ultimate conclusion will be a balancing of the State’s compelling interest in “protecting” marriage and limitations on who may and may not marry versus an individual’s right to privacy, liberty, and the right to marry.

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

Divorce, Opinion

Congratulations! You’re Divorced.

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“Congratulations!”  It’s an odd thing to think and to say at then end of a marriage.

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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: 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

Child Custody, Crime, Divorce, Marriage, Opinion

The Adultery Train- All Aboard!

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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 an affair or adultery 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 of guilt or pictures, though it helps.  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 semi-part-time 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