Tag Archives: divorce

Mississippi Considers Irretrievable Breakdown…Again.

02/28/2023 BowTieLawyer Leave a comment

Mississippi considers legislation to make common sense changes to Family Law.

Pending before the Senate is an Act to amend MCA SECTION 93-5-1, to delete the requirement of “WILLFUL AND OBSTINATE” from the ground of desertion and to provide an additional ground when the “COURT FINDS THERE HAS BEEN AN IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE AND THAT FURTHER ATTEMPTS AT RECONCILIATION ARE IMPRACTICAL OR FUTILE AND NOT IN THE BEST INTERESTS OF THE PARTIES OR FAMILY…”

This proposal is significant because it would allow for a divorce if the parties have been separated for over a year, regardless of the reason and additionally would allow the Court to divorce a couple if the Court was convinced the marriage was over and beyond repair, regardless if other fault grounds existed. These are just common sense changes.

These changes would bring Mississippi closer in line with 48 other states with regards to divorce. While still not a true no-fault provision, this allows for the possibility of relief in most cases when it was previously not. What do you mean by that, you ask? Financial/divorce blackmail is legal in Mississippi under its current law.

Mississippi does NOT have a no-fault divorce option. Either you have fault grounds or an agreement to all issues between you and your spouse and if you have neither of those, you cannot get a divorce in Mississippi.

These changes, or something similar, are kicked around every year. Last year a blue-ribbon panel assembled by the legislature recommended changes and it didn’t happen. These are much needed and will actually help serve and protect families in Mississippi.

Matthew Thompson is a Family Law attorney in Mississippi and supports these changes. (601) 850-8000

Divorce, General Legal, Opinion

Marriage in Mississippi- Until Death…Irretrievable Breakdown is Dead.

03/02/2022 BowTieLawyer 1 Comment

A proposed bill died a quiet death in committee yesterday, the same committee that helped in the drafting and promoting it. This bill had previously passed the Senate as well…

In November, I wrote about the “word on the street” of changes coming in Family Law in Mississippi. Last summer the Mississippi Legislature assembled a blue-ribbon panel of lawyers, judges, legislators, law professors and the like to assess some of Mississippi’s more difficult or out-of-the-main-stream family law laws.

This panel suggested multiple changes with child support/age of majority and adding a 13th ground for divorce- irretrievable breakdown. This change would bring Mississippi in line with approximately 48 other states.

Part of the reason for the blue-ribbon panel was to gain insight from the practitioners, judges and persons dealing with the families this would impact. The rumor mill was that this was a done deal, was much-needed and would alleviate what one supreme court justice described as “financial blackmail.”

Yoggi Berra said it first, “It ain’t over ’til it’s over.”

Senate Bill 2643 (Miss 2022) died in Committee on March 1, 2022, when it was referred to Judiciary A, by Speaker, Philip Gun.

“4   02/10 (S) Transmitted To House
   5   03/01 (H) Referred To Judiciary A
   6   03/01 (H) Died In Committee”

Unfortunately, we may never know all of the behind-the-scenes details on why this was studied, proposed, promoted, passed, referred and allowed to whither on the vine. But, it was a much needed change in Mississippi law and one that would do more to promote family harmony than anything else the Mississippi legislature could do.

This harkens back to 2017 when a legislator single-handedly killed attempts to add domestic violence as a specific element of a cruelty based divorce and allow for the victim’s testimony to be sufficient proof of such. Once the domestic violence provision was struck the firestorm that erupted caused an about-face of the legislator and the language reappeared in another bill…lets hope for some common sense and that history repeats itself.

Matthew Thompson is a Mississippi Divorce and Civil Defense Attorney and is routing for another Change of Heart!

Divorce, General Legal

Divorce is a Lonely Process

07/20/2021 BowTieLawyer Leave a comment

I was recently at a conference where the speaker, an attorney from Austin, TX, made this profound statement.

It struck a chord, as it is a very true statement…

Divorce is hard and when going through the depths of it, it can seem overwhelming. Your family, friends and neighbors may avoid you like the plague.

Sides are picked, lines drawn and sometimes what you think is a sure thing is not.

If you find yourself going through a divorce or about to, identify a good lawyer that can represent you, get a recommendation of a good counselor that can help deal with the emotions and drama, and strive to maintain your support system.

Matthew Thompson is a divorce and civil defense attorney and encourages you to have a support system when going through a divorce.

(601)850-8000 www.ThompsonLaw.ms

Divorce, General Legal

Does it Take an Act of Congress to Get a Divorce…in Mississippi?

05/11/2021 BowTieLawyer Leave a comment

The Mississippi Constitution of 1817, Article VI, Section 17 , provided that “Divorces from the bonds of matrimony, shall not be granted but in cases provided for by law, by suit in Chancery; provided that no decree for divorce shall have effect until the same shall be sanctioned by two-thirds of both branches of the General Assembly.”

At the time Mississippi became a state it took a vote by 2/3 of the legislature to get a divorce, after a Judge determined you had grounds for divorce.

This requirement for legislative approval was removed in 1869 and likewise did not reappear in the 1890 Mississippi, the state’s current Constitution.

So, no, it does not take an act of the legislature to get a divorce…anymore, but it can still be difficult and possibly impossible in Mississippi without provable fault grounds.

Matthew Thompson is a divorce and civil litigation attorney in Mississippi.

Divorce, Irreconcilable differences, Marriage, Opinion

Somebody can always do it cheaper…is that better?

04/23/2020 BowTieLawyer Leave a comment

Cheaper is NOT always better.

Everyone wants a good deal, myself included. However, often in life you get what you pay for!

We’ve all seen the advertisement for the $500 divorce. That could be a really good deal if everything is agreed, it’s just drafting papers and sending for entry.

But, is it a good deal when it doesn’t work? Is it a good deal when it does work, but you weren’t advised of your rights. You did not know about all of the financial and equitable relief you could have gotten.

I’ve seen agreements where the parties agreed to maintain a million dollar whole life insurance policies. They had no idea what that meant or what expense that really involved.

I’ve seen agreements that have not included the correct child support and included terms so onerous a Court would never order it otherwise.

My advice is this, if you spent more than $500 to get married, plan on spending more than $500 to get divorced.

Matthew Thompson is a civil litigation attorney in Mississippi.

Crime, Divorce, General Legal

Divorce Court vs. Criminal Court

06/19/2019 BowTieLawyer Leave a comment

Sometimes divorcing parties act like criminals, but Divorce Court is NOT Criminal Court (typically).

Divorce court, a.k.a. Chancery Court, is a civil court. The Court’s function is to legally divorce parties that are entitled to be divorced and divide property. The Court has the authority to deal with and punish conduct that is violative of its Orders or disruptive conduct that occurs directly in its presence. Other than those instances it is not a punitive Court. You typically are not punished for marital fault…

Criminal court, which can be Circuit, County, Municipal, or Justice, among others, can punish. These Courts have prosecutors whose job is to prove the accused committed a crime/violated a law. The Judge or a jury determines if the matter was proven and a punishment, including; incarceration, fines, and other remedies.

However, sometimes these can relate or overlap. Conduct that could serve as grounds for divorce, such as domestic violence, is also a crime. The Court’s are independent of one another and you can be punished in Criminal Court and divorced in Chancery Court over the same facts.

Interestingly, your right to plead the fifth, invoking the Fifth Amendment to the Constitution can be done in both Courts. While it cannot be used against you in Criminal Court, it can be used to make an adverse inference in Chancery Court. So, if you are accused of adultery/habitual fornication in Criminal Court, which IS a crime in Mississippi, you may invoke the fifth and the prosecutor must prove a violation of the law by beyond a reasonable doubt, however in Divorce Court, while you may invoke the fifth, the Court can treat that as an adverse inference/admission and could find such to be enough to rise to clear and convincing evidence of adultery. Confused yet?

Divorce Court and Criminal Court are different animals, with different standards and different outcomes. However, all are serious and your rights may be infringed if the Court determines they should be.

Matthew Thompson is a Divorce Court lawyer and encourages those charged with a crime to confer with an experienced Criminal Defense attorney.

General Legal, humor, Opinion

Happy Valentine’s Day, Soulmate!

02/14/2019 BowTieLawyer Leave a comment

This image has an empty alt attribute; its file name is soulmates.jpg

Here’s an interesting article on What Divorce Lawyers think about Soulmates. One contributor to the article includes my friend and colleague from Atlanta, Randy Kessler.

And here are 5 signs that that special someone is NOT your soulmate.

Matthew Thompson is a divorce attorney wishing you a very special and happy Valentine’s Day!

Divorce, Opinion

Mississippi; Still #1 in the most difficult state to get a divorce…

02/08/2019 BowTieLawyer Leave a comment

This is not a pro divorce post. This is a common sense divorce post.

48 States* have divorce laws that allow for a divorce if one party seeks a divorce. Mississippi does not allow this. Mississippi requires either an agreement to all terms or you must have fault grounds.

A recent Bill attempted to add as a fault ground, actual separation for a period of 3 years:

Thirteenth.* Willful and continued separation without cohabitation, with the intent not to return or resume or otherwise continue the marital relationship, for not less than three (3) years. Either party may have a divorce based on this cause.

This Bill, authored by Sally Doty, never made it out of committee and died.

Why should you care? Because Mississippi law, as it exists right now, promotes divorce blackmail.

You can be anti-divorce and still acknowledge that some people need to be divorced, even absent adultery and abuse.

*South Dakota is the other state that does not recognize true no-fault divorce.

*There are currently 12 fault grounds for divorce in Mississippi.

Matthew Thompson is a Family Law attorney and is in favor of amending the divorce statutes.