Tag Archives: divorce

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

Don’t Date During your Divorce

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“Dating during your divorce is akin to playing with matches and kerosene during a forest fire.” Matthew Thompson

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It is commonly asked by clients, “Can I date others?” The short answer is NO.  In Mississippi divorce there is no such thing as “legal separation.”  You are married until you are divorced.  That means either party could get “fault grounds” against the other at any time prior to the divorce being granted. In general however, it is just a bad idea.

Dating during your Divorce is a bad idea due to the following;

  • Dating involves feelings and emotions which can be misfiring at that point.
  • It involves money and expenses and Court’s look disfavorably of spending on boyfriends and girlfriends.
  • It could wreak havoc on a Custody case if that “new” person is either the wrong fit for your kids or a great fit, but it does not work out.
  • “Rebounds” tend to take a bad bounce.
  • It’s an easy target for your soon to be Ex and his attorney.
  • You may not really know the person you’re dating.

If you have to ask your attorney if it’s okay, it probably isn’t.  Now, having said that, you are still allowed to have a “life.”  You can go out in groups and otherwise socialize.  Just be aware of your surroundings and actions because you never know who’s watching, waiting for you to mess up.

Matthew Thompson, a Divorce Attorney and Family Law Adj. Professor at MC Law, reminds you to do your best to prevent “forest fires!”!

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

 

 

Child Custody, Divorce, General Legal, Marriage

Marital Privilege – From the Bedroom to the Courtroom.

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We hear a lot about attorney-client privilege, doctor-patient privilege and even priest-penitent privilege, but there exists a marital spousal privilege, though application can be limited and tricky.

A spouse to spouse communication is confidential if it is made privately by any person to that person’s spouse and is not intended for disclosure to any other person.  In any proceeding, civil or criminal, a spouse has a privilege to prevent that person’s spouse, or even a former spouse, from testifying as to any confidential communication between that person and that person’s spouse.  The privilege may be claimed by either spouse in that spouse’s own right or on behalf of the other.

This means that a husband can prevent a wife from testifying about something he told her in confidence.  It also means that an ex-husband can even prevent an ex-wife from testifying about something he told her in confidence, during the marriage.

So, you ask,“How can I testify about what my spouse said in my divorce case?”

Exceptions. There is no privilege under this rule in civil actions between the spouses (including divorce) or in a proceeding in which one spouse is charged with a crime against; (1) a minor child, or (2) the person or property of (i) the other spouse, (ii) a person residing in the household of either spouse, or (iii) a third person committed in the course of committing a crime against any of the persons described in (d)(1), or (2) of this rule. MRE 504.

Matthew Thompson is a family law attorney and warns you not to count on spousal privilege in a divorce action.  So be careful about the content of those sweet nothings that you are whispering.

Follow the blog: BowTieLawyer 

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Divorce, General Legal

I Say, You Say, We All Say Hearsay

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Witness:  And then my neighbor said that he was f….

Lawyer:  Objection, your Honor. Hearsay.

Judge:  Sustained.  Don’t tell me what somebody said.

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Hearsay happens everyday.  Hearsay, by definition, is any out of Court statement used to prove the truth of the matter asserted.  Huh?  Yep, legal mumbo-jumbo. Think of hearsay as ANYTHING that is said outside of the Courtroom by ANYBODY.  It also includes writings, documents and many, many things, but that is a blog for another day.  Today it’s about testimony.

Most commonly hearsay occurs anytime a witness is telling their story.  It is very difficult to tell what happened and who did what without saying what was said.  This is very frustrating for witnesses, irritating for Judges and something a lot of attorneys woefully ill prepare for. If you are a witness testifying just know that you cannot say what somebody else said unless they are a party in the case.

So, when mom is testifying about how upset little johnny was when dad dropped him off late for the baseball game, but mom did not see it and was relying on the assistant coach telling her, she can’t say what the assistant coach told her. Either the assistant coach has to come testify or mom has to describe little johnny after the game.  “He came home sullen, eyes red, as if he’d been crying.”  Little Johnny told her what happened.  So she called dad. Now she can talk about the call with dad and who said what because they are the parties.  Confused yet?

Hearsay and testimony is something you need to practice handling with your attorney.  You may always describe what you did and said and this is the way around hearsay and/or having the other witnesses involved testify.

Matthew Thompson is a family law attorney and encourages you to practice your testimony and telling your story without saying what somebody else said.

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

Divorce

Divorce…or a Bigger House?

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Divorce...or a Bigger House?

A Realtor’s solution to a troubled marriage. More space!

Matthew Thompson is a family law attorney in Mississippi and can help if you need a divorce. If you need a bigger house call a Realtor.

 

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, Marriage, Opinion

Red Flags of an Affair

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Warning signs to look for…

Warning signs that may show that your significant other may be seeing another!

  • A Secret Cell Phone.  They have a 2nd phone without a need or the other phone is secret.
  • Change in Attire.  The spouse is dressing in trendier clothes or “younger” or more “revealing” clothes.
  • New Undies.  Provocative undergarments appear that you don’t see in use.
  • Working out.  A sudden change in their workout regimen, without a scare from the Dr. and it’s not New Year’s Day.
  • Body Grooming.  Manscaping, or new cologne, perfumes, etc.
  • Body Augmentation.  Having lifts or lipos.
  • Longer Work Hours.  Having to work late, a lot more often, and out-of-town travel when they previously did not.
  • Unexplained Absences.  Going to the store for some milk and being gone 6 hours.
  • Bad On-Line Habits.  Surfing at all hours of the night, deleting the browser history.
  • FaceBooking Old Flames.

Matthew Thompson is a family law attorney in Mississippi and admits while these signs can certainly exist with nothing going on, that if 3 or more are happening Watch Out!

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@wmtlawfirm.com.

Child Custody, Child Support, Divorce, General Legal, Marriage, Modifications

Don’t Bring Your Child to the Meeting With the Divorce Attorney (Video)

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A prior blog brought to life!

Bring your complaints, questions and a financial statement. Don’t bring your child.

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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Divorce, General Legal, Marriage, Opinion

“What Rhymes with Hug Me?” (hey, hey, hey)

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Robin Thicke has a song out called Blurred Lines.

In the song he sings about sending mixed signals and how a response intended to mean one thing can be interpreted or mean another to the receiver.

Are your communications with your spouse doing the same thing?

Communication is critical.  It’s critical in a healthy relationship and it’s critical in the aftermath.  I have seen many, many post separation communications be misinterpreted and then used against the sending party. Email and text messages do not connote tone.  Glib comments, being cute or even a smart aleck can easily be inferred or not.

Also, too much communication leads to mixed signals, mixed emotions, false hope and opportunity for your words to be used against you.  Usually, I recommend limited communications and that those be about the children or emergencies, or course.  Sometimes, however, I recommend no contact.  You hired attorneys, let them do it.

Don’t blur the lines.

Matthew Thompson is a family law attorney in Mississippi and while Blurred Lines may be a catchy song, blurred lines of communication can lead to trouble.

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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alienation, Child Custody, Child Support, Crime, Divorce, General Legal, Modifications, Opinion, Visitation

The DIRT!** (24 Dirty Deeds in Family Law)

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One of the unique things about my profession is that I routinely get paid to discuss the embarrassing, wild and sometimes just ignorant things people do.

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The DIRT is/are the things that the other side says you did, even if you did not do them; substance abuse, crimes, non-payment, hateful things…

What cannot be stressed enough is that you have to be honest and forthright with your attorney. If you hold something back and do not disclose the full story it can come back to bite you. Being bitten could mean not getting custody, having to pay attorney’s fees, going to jail or any combination of these.

What are Examples of Dirt you ask?

  • 1) Instances of substance abuse,
  • 2) DUIs,
  • 3) Public Drunks,
  • 4) Child Endangerment charges for DUI with the children present,
  • 5) Arrests for assault,
  • 6) Battery,
  • 7)Crimes of moral turpitude or
  • 8) Violence,
  • 9) Substance abuse, even if not caught,
  • 10) Knowing you would test “hot” or “positive” for an illegal drug or
  • 11) Prescription drug for which you do not have a prescription.
  • 12) And not telling your attorney any of the above is dangerous, even if they don’t ask. Sometimes we don’t know or think to ask if you
  • 13) Are on probation from any crime.
  • 14) Is there a no contact Order against you,
  • 15) Domestic violence charges pending,
  • 16) Active warrants for your arrest,
  • 17) Suspended license.
  • 18) Are you under investigation?
  • 19) Meth lab in the garage,
  • 20) Not to mention having a paramour, an affair,
  • 21) Multiple affairs,
  • 22) Paying for your mistresses’ vacation,
  • 23) Buying the mistresses’ child a car, or
  • 24) Expending large sums of money on frivolous things.

These are just 24 examples of DIRT that I saw…last week. These dirty deeds may be done dirt cheap, but it’s going to cost you to clean it up!

Matthew Thompson is a family law attorney in Mississippi and can only attempt to clean up the DIRT that the client admits.

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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