Tag Archives: divorce

Married to a Zombie? When “Death” Doesn’t Do Us Part…

01/28/2015 BowTieLawyer Leave a comment

‘Til Death Do Us Part!

Karen sued Joseph for Divorce in Connecticut. Joseph took the position that she could not get a divorce because they were no longer married. The reason? He died.

Connecticut law provides that a marriage may be terminated by divorce or death.

Joseph alleged that during the marriage he was technically dead for a period of time, albeit temporarily, until the use of CPR brought him back to life. Ergo, Karen was not entitled to a divorce. Joseph took this position in a Court-filed pleading! The Court did not take his argument as serious as a heart-attack.

Joseph failed to provide any evidence supporting his claim, such as medical records and more importantly the definition of “death” is the permanent cessation of all vital functions, an irreversible cessation of circulatory and respiratory functions, or an irreversible cessation of all functions of the entire brain, including the brain stem.

Joseph, after all, was not dead. Just his legal argument was…and NOW his marriage!

Matthew Thompson is a Divorce Lawyer in Mississippi and may can help resuscitate your case.

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

Divorce, General Legal

Being NOT Divorced Does Not a Marriage Make.

01/23/2015 BowTieLawyer 2 Comments

In Mississippi it can be ridiculously hard to get a divorce. Untying the knot can be quite the task…

Mississippi is NOT a true “No Fault” divorce state. Instead, MS requires the parties agree to the divorce and all the terms for an Irreconcilable Differences Divorce and absent that agreement you must have Fault Grounds, that can be proven.

If no agreement and no Fault Grounds, guess what? You cannot get divorced, but that does not mean you have a marriage!

Sure, legally you are married, but there is no requirement that you reside with your spouse and even if you commit an act which would entitle your spouse to a divorce it does not mean you can get the divorce- – only if they choose to seek fault grounds against you.

Time and again legislation has been proposed to eliminate this “divorce blackmail” chasm that is MS law. Time and again any compromise on divorce law has died on the vine under the auspices of “protecting families.”

Families are not being protected by laws which create legal blackmail situations. This change, by the way, if it ever happens is contrary to divorce lawyer’s self interests! If there is a more reasonable process to get a divorce, divorce lawyers make less money.

Marriages are wonderful blessings, unless they are not. It’s time for Mississippi laws to reflect that.

Matthew Thompson is a Divorce attorney in Mississippi and can help you untie the knot that became a “noose.”

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Child Custody, Divorce, Marriage, Opinion

Don’t Make Up Stuff About Your Ex.

01/09/2015 BowTieLawyer Leave a comment

It can be fun to “run them down the road” or “throw ’em under the bus,” figuratively speaking, of course.

They were, after-all, mostly responsible for the worst thing that happened to you as an adult. (Or the best, if you consider you no longer live with that cretin?)

But, why make stuff up about how bad they were? It serves no purpose. Recently, I heard the other side of the story from a friend of the ex. It was chock full of outrageous conduct, statements and actions- some criminal, that were just not true.

I thought, “Wow, if he was that bad I would have divorced him too!”

However, the conduct, statements and actions were not true. I know because I deposed the ex during the case. I asked, under oath, about all the dirty deeds. They were not mentioned.

People seem to have one of two predispositions. 1) We remember things better than they were, ie: childhood years, college days, or 2) We remember things much worse than they were, ie: “he never loved me.”

Making things up about your ex may be fun, but it serves no purpose and delays the “healing process.” It also may backfire down the road when you finally forgive and resume some semblance of a relationship.

Matthew Thompson is a Divorce Litigation Lawyer in Mississippi and believes the truth can set you free.

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

Divorce, Marriage, Opinion

One Divorce, Two Divorce, Three Divorce…The Third Time is not the Charm, Even for a Billionaire

01/06/2015 BowTieLawyer 1 Comment

Elon Musk, Justine Musk and Talulah Riley, names you don’t know and probably don’t care about. Their marriages and divorces, however, provide a unique look into money, power, spaceships and electric cars.

Elon Musk is a billionaire, co-founder of PayPal, Tesla and SpaceX. He is three times divorced. Once from his “starter wife,” Justine Musk and twice from his “trophy wife” aka “soul mate” Talulah Riley.

Justine Musk is a writer, blogger and mother-of-five. Elon gave her an ultimatum some-years into their marriage. “Fix this today or I am divorcing you tomorrow…” Justine, as part of the divorce, sought “The house; alimony and child support; $6 million cash; 10 percent of his stock in Tesla; 5 percent of his stock in (ed: space transport company) SpaceX (and he retains all voting rights) and a Tesla Roadster (I really, really want one …).” A seemingly paltry sum for a billionaire.

Talulah Riley married Elon twice. Once in 2010, approximately ten minutes after his first divorce and again in 2013. Elon and Talulah divorced in 2012, and Talulah received an estimated $4.2 million and a year or so thereafter their romance rekindled. It was short-lived however, as Elon filed for divorce in December of 2014. This time Talulah is looking at a reported $16 million dollar settlement.

So, what do we learn from this? No amount of money guarantees a happy marriage. One should never use the terms “starter wife” or “trophy wife.” Neither Spaceships nor Electric cars are the secret to a healthy relationship.

Matthew Thompson is a Family Law Attorney in Mississippi and can help guide the division of spaceships and electric cars in your next divorce.

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

Crime, Divorce, Property Division

Changing the Locks!

01/05/2015 BowTieLawyer Leave a comment

Can I Change the Locks?

The old ‘Can I change the locks?’ question is in the top 5 of divorce questions. Today you get an Answer.

Yes. You can change the locks if it’s your house. If you are purchasing the home, or leasing or renting the abode, apartment, condo or camping trailer you can change the locks. But, there’s more…

What if he changes the locks on me? You can let yourself in if it’s your house. If you are purchasing the home, or leasing or renting the abode, apartment, condo or camping trailer you can let yourself in.

What does ‘let yourself in‘ mean? Exactly as it sounds. If you have a copy of the deed or lease agreement a locksmith will let you in for a fee, or you can break the window and let yourself in.

You cannot break into your own house.*

So, I can change the locks, but it may not keep him out? Correct.

How do I keep him out? Get a Court Order(a blog for another day).

(*Unless there is a Court Order awarding one party exclusive use, or if it is NOT your house.)

Matthew Thompson is a divorce attorney in Mississippi and knows a great locksmith.

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, Marriage, Opinion

Memo for Friends of Divorcing Couples; You Can Still be Friends

12/16/2014 BowTieLawyer Leave a comment

I think it was a Country music song that said in Divorce you not only lose a spouse, but also half of your friends.

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Memo to Friends: You can still be friends. The tendency is to avoid the divorcing parties. After all you just don’t want to get involved and you could end up being a witness. While this may be true you have to ask “Are you being a Friend?“

Oftentimes the friends choose a side or stay out all together, however divorce does NOT require this. One of the divorcing parties may seem to “require” this, however.

If you are a close friend of a person going through a divorce or separation they need an outlet to vent to or take their minds off of things. If you are a party to a divorce or separation requiring your friends to divorce your spouse is usually not the right answer.

Matthew Thompson is a Divorce Lawyer in Mississippi and reminds you of the wise words of WAR, the American funk band, – ” Why can’t we be friends…”

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

Child Custody, Crime, Divorce, General Legal, Marriage

Mic Test: “Testing 1, 2, 3…”: Recording in Divorce- Good, Bad & Ugly

12/10/2014 BowTieLawyer Leave a comment

Recording Fever has swept the divorce world, at least, since the 1980s.

Recordings set the record straight, right? It’s incontrovertible proof that so-and-so said what-they-said on any given date. It’s right there on tape…

Not so fast. First of all is it legal where you are? States have differing laws on recordings. Generally, in this state, recording is legal so long as one person to the conversation is aware that it is being recorded. However, this is not the case in every state and some require all parties know and consent.

Secondly, is the recording a set-up? There have been instances where a spouse (or ex-spouse) intentionally created circumstances where the other spouse would “blow up.” Under these circumstances your recording may get you in more trouble than it’s worth.

Third, is the recording complete and unaltered? Recordings can be edited. They can certainly be manipulated. Recordings must be authenticated, complete and relevant to be considered admissible.

Fourth, is it as valuable as you think? I know a Judge whose opinion is “You need to be focusing on parenting and communicating with the other parent rather than recording every interaction…“

Recordings, either audio or video or both, may well be legal, legitimate, complete and valuable, but it could easily be illegal, under false circumstances, incomplete and of no value. Discuss the laws regarding recordings and admissibility with your attorney.

Matthew Thompson is a Family Law Attorney in Mississippi and warns clients of the possibility of surveillance and recordings, reminding them to say and do things they do NOT mind being played back in Court.

You may contact Matthew with your family law matter or question at (601) 850-8000

Divorce, Marriage

Still No Gay Marriage in MS; Same-Sex Marriage Stayed Pending Expedited Hearing

12/09/2014 BowTieLawyer Leave a comment

You’ve seen same-sex marriage blogged aplenty.

The Fifth Circuit Court of Appeals has extended the stay put in place by Judge Carlton Reeves after he struck down Mississippi’s ban on same-sex marriage, finding same as unconstitutional.

The case has been fast tracked and will be heard in January, but not before 2 other cases regarding the same subject matter are set to be heard. One case originated out of Texas and the other, Louisiana. These states along with Mississippi make up the 5th Federal Circuit.

Regardless of the 5th Circuit decision, I expect this one to be appealed to the U.S. Supreme Court.

So, what does this mean for the average Mississippian? The law is the same as before the Federal Court ruling, for now.

Terribly interested in this Topic, like I am? Read more below;

MISSISSIPPI & SAME SEX MARRIAGE; THE END OR THE BEGINNING?

MISSISSIPPI SAME-SEX MARRIAGE BAN STRUCK DOWN

MISSISSIPPI: SAME-SEX MARRIAGE AND THE RATIONAL BASIS ARGUMENT

MISSISSIPPI IN THE NEWS- A TEST CASE ON SAME-SEX DIVORCE

MISSISSIPPI SAME-SEX DIVORCE DENIED.

Matthew Thompson is a Family Law Attorney in Mississippi and is keeping pace with the changes in the law.

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