Tag Archives: divorce

Mississippi Same-Sex Divorce DENIED.

12/03/2013 BowTieLawyer 1 Comment

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.

11/20/2013 BowTieLawyer Leave a comment

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

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!

10/23/2013 BowTieLawyer 4 Comments

An affair plays a significant role in a large number of divorces. It is a train wreck to a relationship.

big_bad_locomotive_by_beezqp-d4mfi8t-1024x727 — 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!

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

Don’t Date During your Divorce

10/07/2013 BowTieLawyer 3 Comments

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

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.

09/27/2013 BowTieLawyer 1 Comment

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.

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Divorce, General Legal

I Say, You Say, We All Say Hearsay

09/09/2013 BowTieLawyer Leave a comment

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

Lawyer: Objection, your Honor. Hearsay.

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

download

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?

Image 08/22/2013 BowTieLawyer Leave a comment

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

Video 08/13/2013 BowTieLawyer Leave a comment

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!

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