Tag Archives: divorce

Legal Ad from 1774- Cutting off the “Credit Card”

This is to give notice, that my Wife PHEBE has very much misbehaved herself, and not acted the part of a dutiful Wife: I do forbid all person trusting of her on my account, for I will not pay any debt of her contracting

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Anthony is trying to not be responsible for Phebe’s charges. Oh, Phebe!

Matthew Thompson is a Divorce Attorney in Mississippi and can help you with Phebe’s charges.

16 questions used to ID domestic abuse victims likely to be killed

Research has found that men who choked their partners were 10 times more likely to eventually kill them.

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A CBS News article reported that the Oklahoma City Police Department is among the forces using the 16-question checklist, which is designed to help officers identify victims who are likely to be killed.

By answering the below questions, the more times a victim answers “Yes” to the questions, the more likely domestic violence may lead to a victim’s death. The checklist will be used across the state of Oklahoma. Authorities in Maryland say fatalities have dropped 30 percent since they started using it.

 

Below are the 16 questions contained in the “Domestic Violence Risk Assessment” checklist:

1. Has he/she ever used a weapon against you/threatened you with a weapon?

2. Has he/she ever threatened to kill you or your children?

3. Do you think he/she might try to kill you?

4. Does he/she have a gun or can he/she get one easily?

5. Has he/she ever tried to choke you?

6. Is he/she violent or constantly jealous or does he/she control most of your daily activities?

7. Does he/she follow or spy on you or leave threatening messages?

8. Have you left him/her or separated after living together or being married?

9. Is he/she unemployed?

10. Has he/she ever tried to kill himself/herself?

11. Do you have a child/children together?

12. Do you have a child that he/she knows is not his/hers?

13. Has he/she been physical toward the child(ren) in a way that concerns you?

14. Does he/she have an alcohol/substance abuse problem?

15. Has he/she interfered with a 911 call?

16. Is there anything else that worries you about your safety?

 

If you are in Mississippi and need help please do one or all of the following by contacting the Mississippi Coalition Against Domestic Violence;

If you are in danger, call 911.

If you need immediate assistance after hours: Call 1-800-799-SAFE(7233).

Local to the metro area may call 601-981-9196

If you wish to be connected with someone in your area regarding domestic violence, volunteering or making a donation, call 1-800-898-3234.

Matthew Thompson is a Family Law Attorney in Mississippi and encourages victims of domestic violence to have an emergency plan and seek immediate help.

As seen in Oxford…

http://www.BowTieLawyer.ms

Careful of Your Online Footprint…

What goes on the internet stays on the internet!

Flim Flam – Steve Robertson

I recently read the book Flim Flam. One theme that stuck out was that your activities through electronic devices leaves a footprint that can be traced back to you.

This is a good lesson for persons maneuvering a family law matter. Your digital footprint will lead back to you.

Hillary Clinton and Tom Brady know this and you should too.

Just like in real life, your mother told you (or divorce attorney) not to go places you don’t need to go. Well, don’t go there electronically either.

Matthew Thompson is a family law attorney in Mississippi cautioning you that your digital footprint may lead straight back to you.

(601)850-8000

http://www.BowTieLawyer.ms

Don’t be Cruel.

Elvis sang it well. “Don’t be cruel…”

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Mississippi law was recently changed to specifically include spousal domestic abuse as a fault ground within the already existing habitual cruel and inhuman treatment fault ground. Below is the statute.

Miss. Code Ann. § 93-5-1
§ 93-5-1. Causes allowed

Habitual cruel and inhuman treatment, including spousal domestic abuse.

Spousal domestic abuse may be established through the reliable testimony of a single credible witness, who may be the injured party, and includes, but is not limited to: That the injured party’s spouse attempted to cause, or purposely, knowingly or recklessly caused bodily injury to the injured party, or that the injured party’s spouse attempted by physical menace to put the injured party in fear of imminent serious bodily harm; or That the injured party’s spouse engaged in a pattern of behavior against the injured party of threats or intimidation, emotional or verbal abuse, forced isolation, sexual extortion or sexual abuse, or stalking or aggravated stalking as defined in Section 97-3-107, if the pattern of behavior rises above the level of unkindness or rudeness or incompatibility or want of affection.

This change is primarily significant for a few reasons. It changed the corroboration requirement. Previously it required testimony and/or evidence not only from the victim but also from another witness or source, such as a third-party or the admission of police or medical records. Now, if the Judge finds the victim/witness credible the Court may grant the award of a fault based divorce.

Additionally, the statute specifically provides for a fault based divorce to be granted based on abuse other than physical, including emotional, verbal, sexual, and stalking behavior.

These are significant and welcomed changes in Mississippi law. More info on fault grounds can be read here.

Matthew Thompson is a divorce attorney in Mississippi. Only two states in the Country still require fault grounds for a divorce if the parties cannot agree to all issues; Mississippi and South Dakota.

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Friday Fun

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Just some humor to brighten your Friday.

Matthew Thompson is a Family Law attorney and reminds you to find the humor when and where you can…

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Fault Grounds for Divorce in Mississippi: Updated!

The Mississippi Legislature amended the Fault Grounds for divorce last term to include spousal domestic violence and tweaked the corroboration requirement. The current Fault Grounds for Divorce are below. You only need one.

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§ 93-5-1. Causes for divorce

  • Divorces from the bonds of matrimony may be decreed to the injured party for any one or more of the following twelve (12) causes:
    • First.  Natural impotency.
    • Second.  Adultery, unless it should appear that it was committed by collusion of the parties for the purpose of procuring a divorce, or unless the parties cohabited after a knowledge by complainant of the adultery.
    • Third.  Being Sentenced to any Penitentiary, and not pardoned before being sent there.
    • Fourth.  Willful, Continued and Obstinate Desertion for the space of one (1) year.
    • Fifth.  Habitual Drunkenness.
    • Sixth.  Habitual and Excessive use of Opium, Morphine or other like Drug.
    • Seventh.  Habitual Cruel and Inhuman Treatment, including Spousal Domestic Abuse.

   Spousal Domestic Abuse may be established through the reliable testimony of a single credible witness, who may be the injured party, and includes, but is not limited to:

   That the injured party’s spouse attempted to cause, or purposely, knowingly or recklessly caused bodily injury to the injured party, or that the injured party’s spouse attempted by physical menace to put the injured party in fear of imminent serious bodily harm; or

   That the injured party’s spouse engaged in a pattern of behavior against the injured party of threats or intimidation, emotional or verbal abuse, forced isolation, sexual extortion or sexual abuse, or stalking or aggravated stalking as defined in Section 97-3-107, if the pattern of behavior rises above the level of unkindness or rudeness or incompatibility or want of affection.

  • Eighth.  Having Mental Illness or an intellectual disability at the time of marriage, if the party complaining did not know of that infirmity.
  • Ninth.  Marriage to some other Person at the time of the pretended marriage between the parties.
  • Tenth.  Pregnancy of the wife by another Person at the time of the marriage, if the husband did not know of the pregnancy.
  • Eleventh.  Either party may have a divorce if they are Related to each other within the Degrees of Kindred between whom marriage is prohibited by law.
  • Twelfth.  Incurable Mental Illness. However, no divorce shall be granted upon this ground unless the party with mental illness has been under regular treatment for mental illness and causes thereof, confined in an institution for persons with mental illness for a period of at least three (3) years immediately preceding the commencement of the action… (see statute for complete description).

Don’t Put this on FaceBook…

FaceBook can be used for comparing yourself to others and investigating persons you just met. It can also be used to brag on yourself, your child’s latest, cutest thing and driving up “hits” on your blog. However, it is NOT to air your DIVORCE DRAMA!

“81 percent of divorce attorneys surveyed by the American Academy of Matrimonial Lawyers said they’d seen an increase in the number of cases using social networking evidence in the five years prior. The attorneys said Facebook was the number one source for finding online evidence, with 66 percent admitting they’d found evidence by combing the site.”

What are some of the things NOT to post on FaceBook?

  • Don’t put the sordid details of your case.
  • Don’t take cheap shots at the other’s parenting ability.
  • Don’t post inappropriate pictures of yourself or others.
  • Don’t call out the Judge or Court system on your page.
  • Don’t put out false information to garner sympathy.

Matthew Thompson is a Family Law Attorney in Mississippi and recommends you not post your business on FaceBook.

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