Tag Archives: Fault

It’s Your Fault Too.

01/27/2014 BowTieLawyer Leave a comment

All too often you are lead to believe that one party is totally to blame and the other party is completely innocent.

Well, rarely is that the case. While one party may be more at fault, the main reason for the ultimate split and even provide actionable fault grounds for the other to use, it does not mean the other spouse is blameless. The common sentiment is that there are 2 sides to every story. In family law there are 3 sides. His version, her version and the truth!

If you fall into the trap of “it’s all his fault” it does a disservice to you for preparing for the outcome. Even when it’s all his fault, you don’t take him to the cleaners. Nobody gets taken to the cleaners anymore. If they do, they appeal. And when the cleaners are involved these days it is because someone wants out so bad they agree to a deal that they would not get otherwise from the Court or it was the only way out.

While this topic may be touchy, and pointing fingers at the “innocent spouse” may be hazardous to my health, it is nonetheless important to know that there is usually more than enough blame to go around.

Matthew Thompson is a Family Law attorney and will tell you when you messed up and when it’s your fault.

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

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

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

08/02/2013 BowTieLawyer 1 Comment

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.

Divorce, General Legal, Irreconcilable differences, Opinion

Divorce, Two Ways

05/14/2013 BowTieLawyer 6 Comments

In Mississippi it can be very difficult to be awarded a divorce. There are basically two ways to get a divorce.

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The most common way is Irreconcilable Differences. This is what is referred to as “no fault.” However, MS is NOT a true no fault state, so in order to get a divorce on Irreconcilable Differences both parties have to agree to the divorce AND all the terms of the divorce, including; custody, visitation, support, alimony, division of the assets and debts. If there is no agreement to all of the issues there may not be a divorce.

The other way to get a divorce in MS is based upon Fault Grounds. In order to get a divorce on Fault Grounds you have to sue based upon fault grounds and prove your case. Most commonly fault includes; adultery, cruelty, drug use, drunkenness, and abandonment. There are a few other Fault Grounds, but are rarely used; incest, bigamy, insanity, etc.

It can be a frustrating circumstance when you and the other party cannot agree to all issues and neither party has grounds. You may be stuck. In this instance one party may resort to divorce blackmail, which is alive and well in MS.

Matthew Thompson is a Family Law attorney and cautions that divorce 2-ways can be caused by 3-ways.

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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

If the CIA Can’t get Away With an Affair What Makes you Think you Can?!

11/12/2012 BowTieLawyer 4 Comments

Unless you live in a cave, or in the path of Hurricane Sandy, you have heard about the CIA director’s recent revelation that he was having an affair. It resulted in his immediate resignation which was accepted by the White House. While the full details will likely never be known, the fact remains that the head of the CIA, arguably a person who could keep a secret, had a big secret of his own exposed. (I realize conspiracy theories abound as to why, but that’s not the point.)

I am often asked what are some signs of an Affair. Below are some common red flags to look for;

Guarded of the Cell Phone. The phone is password protected and/or never off of their person.
A Second 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.
Tanning. A sudden desire to tan.
Teeth Whitening. All of a sudden caring about hygiene when they previously did not so much.
Body Augmentation. Having lifts or lipos.
New Career. A career shift that is out of the ordinary.
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.
Financial Shenanigans. Raiding joint accounts or creating new accounts and directing their monies to those.

If you see a number of these warning signs, keep your eyes and ears open, your wits about you and go see an attorney.

Matthew Thompson is a family law attorney in Mississippi and believes if the CIA can’t cover up an affair, you probably can’t either.

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.

Divorce

Top 12 Fault Grounds for Divorce in Mississippi

09/05/2012 BowTieLawyer 13 Comments

MCA § 93-5-1 lists and defines the “grounds” for a fault based Divorce in Mississippi.

A divorce may be awarded based upon;

1). Natural impotency.

2). Adultery.

Unless 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, which is Condonation (or legal forgiveness).

3). Incarceration. Being sentenced to any penitentiary, and not pardoned before being sent there.

4). Abandonment. Willful, continued and obstinate desertion for the space of one (1) year.

5). Habitual drunkenness.

6). Habitual Drug Use. Habitual and excessive use of opium, morphine or other like drug.

7). Cruelty. Habitual cruel and inhuman treatment.

8). Idiocy. Having mental illness or an intellectual disability at the time of marriage, if the party complaining did not know of that infirmity.

9). Bigamy. Marriage to some other person at the time of the pretended marriage between the parties.

10). Pregnancy of the wife by another person at the time of the marriage, if the husband did not know of the pregnancy.

11). Incest. 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.

12). Insanity. 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 additional language).

These are the grounds for Divorce in Mississippi. These must be proven through testimony, evidence and corroborated in order to be awarded a Divorce by Chancery Courts in Mississippi.

Matthew Thompson is a family law attorney and knows a thing or two about fault grounds for divorce in Mississippi.