Tag Archives: marriage

Divorce

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

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th‘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.

Follow the blog: BowTieLawyer

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

Divorce, Marriage

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

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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

Divorce, General Legal, Marriage

Easy to Get Married; Hard to Get Divorced.

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“Easy Come, Easy Go” does NOT apply to Family Law.

http://www.triggerandfreewheel.com/comic/easy-come-easy-go

It’s easy to get Married. Quick, too.  Just show:

  1. Both parties must apply together
  2. Both parties must present a valid I.D. (Driver’s License, Birth Certificate, Military I.D., DD214, Baptismal Certificate, Life Insurance Record, School Record, or any other official document evidencing age. The Clerk shall retain a copy on file.
  3. $23.00 CASH fee (or similar fee depending on County)
  4. If either party has been divorced within the last six (6) months, a copy of the divorce decree is required

Additional Information

  1. If either applicant is under TWENTY-ONE (21) years of age, parental consent is required
  2. The female applicant must be at least fifteen (15) years of age to apply
  3. The male applicant must be at least seventeen (17) years of age to apply
  4. The license may be used only in the State of Mississippi

Harrison County Circuit Clerk.

It can be very difficult to get a Divorce.

You and your spouse must;

  • Agree to a Divorce
  • Agree to all of the Terms of the Divorce Agreement (including custody, support, visitation, property division and financial terms)

The basic process is;

  • File a Joint Complaint for Divorce (this begins a 60 day waiting period)
  • Prepare and exchange financial Statements
  • Prepare and sign the Child Custody and Property Settlement Agreement
  • Prepare and sign the Final Judgment of Divorce
  • Present the paperwork to the Court for approval (after 60 days of the initial filing)
  • Possibly attend Parenting Class

This ONLY works if you and your spouse can AGREE To EVERYTHING.  If you cannot then you must pursue a Fault based divorce.

Fault requires:

  • File a fault-based Complaint for Divorce (determine if you need Temporary Relief)
  • Have a Summons issued (Rule 4, 81 or both)
  • Have your spouse served with the documents
  • Prepare and attend a Temp. Hearing
  • Propound Discovery
  • Issue subpoenas
  • Respond to Discovery
  • Take Depositions
  • Have a Contempt hearing
  • Prepare and exchange financial Statements
  • Possibly attend Parenting Class
  • Set Trial
  • Prepare for trial (6-12 months from now)
  • Trial gets continued for some reason
  • Attend Trial
  • Await Ruling
  • Be aggrieved
  • Both parties file Appeals
  • 1 1/2 years later get ruling on appeal
  • Matter is Remanded
  • Repeat the above

“… it is the greatest of all mistakes to begin life with the expectation that it is going to be easy, or with the wish to have it so.”
― Lucy Larcom

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.

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Divorce, Marriage

How to Fix a Marriage?

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I am a divorce attorney.

By nonicknamephoto/ freedigitalphotos.net

I may can help save your marriage.  I know it sounds inconsistent, but my job is to know the law regarding divorce in my state, advise you with regards to your best interests, protect your interests as I am able and to comply with your requests as much as possible within the realms of legal, moral and ethical authority.

Fixing a Marriage does not come in a manual.  There are no quick fixes, nor a consistent 3-step process, but there are some things in common that relationships that can be salvaged exhibit.

1) Both parties Desire or are open to Reconciliation.  If one party ain’t having it, it ain’t happening.

2) Both parties Try.  One party giving all the effort and the other being the limp-fish won’t get you back together.

3) Both parties accept the Risk.  Falling in love, falling on your face, falling out of love.  Risk is inherent in all relationships.

4) It takes time.  This is not a fast process.  The “end” was usually a long time coming, a build up of disappointment, or lies, misconduct or growing apart.  It took time to fail. It takes time to heal.

Saving a marriage is possible, but hard.  It takes the “want to,” the “effort,” the “risk” and “time.”  You still may fail, but you then know you did everything you could.

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Divorce, Marriage, Opinion

Bad “Divorce” Tattoos?

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What says “My Marriage is Forever” better than a tattoo?  Well, maybe saying it.

Below are some potentially “bad” tattoo ideas…

Think this guy likes Brenda? Does Brenda like him?

Hmm…things aren’t exactly lining up.

That heart looks easy to break.

Matthew Thompson is a Family Law Attorney in Mississippi and warns you that tattoos may be longer than your marriage, act accordingly.

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.

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Divorce, General Legal, Marriage

Getting UnMarried Without a Divorce (Death is NOT the Only Way Out)

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There are ways to end a “Marriage” other than divorce, and no, I am not talking about death…

http://eofdreams.com/ death.html

I have previously blogged on Annulment and the very limited circumstances that one may be requested.  However, I recently had another Annulment scenario arise that is worth mentioning.

Mississippi has specific licensing requirements to get married.  You have to have a licensed issued, you have to have a ceremony and cohabit.  The license is issued by the Clerk, the Ceremony is the thing you have at the beach, or the church, or the Court House and Cohabiting is living together.

But, what happens when there is a failure of one of the (3) requirements?

Typographical errors in the license do not invalidate a marriage when the marriage is consummated and you are living together.  Failure to comply with licensure requirements and NOT living together does not a marriage make. This situation would result in an Annulment.

But, what if there was no ceremony? 

Failure to have a Ceremony is fatal.  It does not matter if the license was issued. It doe not matter if you shacked up.  If you did NOT have a ceremony; at the beach, church, Court House, or backyard, if you did not jump the broomstick, you are not married.  A Ceremony, of some type, is required.

So, want your marriage to Count- get a license, have a ceremony and live as husband and wife.

Matthew Thompson is a Divorce/Annulment Lawyer in Mississippi and reminds you to act fast if you are seeking an Annulment.

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.

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Marriage, Opinion

The 3 Best Kept Surprise Secrets for a Happy Marriage…(you will not believe #3!)

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Happy Marriages are not only in fairy tales.  They take work, but do exist in the real world.

vectorolie/ freedigitalphotos.net

So, what are 3 of the best kept secrets for a happy marriage?

  1. Work out.  Exercise is good for your physical and mental health.  Exercise results in your body releasing enodrphins which make you feel good. Also, one partner working out and being healthy may well help encourage the other party the inspiration they need to do the same.  You do not have to go crazy, just go.
  2. Cook a Meal for the Other.  Cook they’re favorite meal.  Even if you cannot cook, try.  It’s the “trying” that gets you the credit. Alternatively cook together.
  3. Hire a Lawn Service. But, you just said to work out, but mowing the yard and weed-eating are awful.  More fights over when, who and whether the lawn gets cut Friday, Saturday and Sunday are had every week than fights about oil changes. Obviously expense may be a factor and a few poor souls may find their satisfaction from yard work, but if you are like most folks it is a thankless, hot, annoying chore that always needs to be done, seemingly.

Matthew Thompson is a Divorce Attorney in Mississippi and while these may or may not be the secrets that make your marriage magic, striving for things in common and focusing on the important parts of life are never a bad thing.

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

 

Crime, Marriage

And another…Sentenced to 8 Years, Married Co-Defendant and are Soon-to-be-parents!

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Earlier today I blogged on a Judge sentencing a convict to 50+ years for murder, performing the wedding ceremony and baking the wedding cake. Now Mississippi  is trying to top that.

A Lee County Court sentenced a man to 10 years, with 8 to serve and restitution to be paid for crimes that he plead guilty to.  Additional sentencing for other criminal charges were suspended due to the above sentence.  Shortly after sentencing, the same Judge married the man and his girlfriend.  His girlfriend was 8 1/2 months pregnant at the time and just so happened to be a co-defendant in the additional charges (house burglary).  Now wife has pleaded not guilty to the burglary charges and is out on bond, awaiting her day in Court.

The Judge commented that he normally does not do this, but “I’m doing this because she’s pregnant.”  You can click the link for the dmNEWS video of the ceremony!

There is no indication that the Judge baked a cake, nor that any refreshments were served.  The parties intend to have a reception in 8 years.

Matthew Thompson is a Mississippi based Divorce Lawyer and cautions you that a wedding immediately after your spouse is sentenced does not bode well for a romantic love story.

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