Tag Archives: No fault

Two Family Law BILLS Died in Committee

Mississippi legislation kicked around 2 significant ideas for changes in Family Law. Both failed to become law in the State.

This “was the year” for Irretrievable Breakdown, Mississippi’s answer to No Fault Divorce.

In MS, you do NOT have a right to a divorce. You either have to have fault grounds that you can prove to the satisfaction of the Chancellor or have an agreement with your spouse to ALL issues. 48 other states have a No Fault Divorce process. MS does not.

Thirteenth. Upon application of either party, the court may
grant a divorce 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.

Secondly, a Joint Custody bill was proposed. There were several iterations of this legislation, but the gist of it was that the Court was to assume that Joint Physical Custody was in the best interest of the child when parents could not agree (and, even if they could) and if the Court found Joint Physical Custody was not in the best interest of the child it had to state why. (There were some issues with the proposed legislation as it was drafted, but this Bill found some traction and was discussed and bandied about for weeks…ultimately to no avail).

(2) * * * (a) There shall be a presumption, rebuttable by a
preponderance of evidence, that joint custody and equally shared
parenting time is in the best interest of the child. If the court
does not grant joint custody and/or equally shared parenting time,
the court shall construct a parenting time schedule which
maximizes the time each parent has with the child and ensuring the
best interest of the child is met.
(b) Upon petition of both parents, the court may grant
legal and/or physical custody to one parent.

Both bills failed and there are limited changes to MS Family Law. A blog for another day.

Matthew Thompson is a Family Law Attorney in MS and is in favor of some common sense changes in Mississippi Law.

Mississippi Considers Irretrievable Breakdown…Again.

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

Somebody can always do it cheaper…is that better?

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.

Where to Get a Divorce…When you Cannot Get a Divorce in Mississippi.

It could be IMPOSSIBLE to get a divorce in Mississippi!

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Mississippi is one of two States that requires either an Agreement to all issues to get a divorce or absent that complete agreement, requires corroborated proof of fault grounds against your spouse.

So, if your spouse does not agree for any reasons you must have fault grounds. However, all is not lost. Lots of conduct, bad conduct, could be considered fault grounds…

Additionally, you can leave the state. While not always a great option it can work and in a few circumstances, Mississippi law would “require” it if you had to have a divorce.

48 other states essentially provide if you want a divorce you can get a divorce, but they also have certain jurisdictional/residency requirements to be able to seek relief from those Courts.

Mississippi requires you be a resident for 6 months, with the intent to remain and you may not move here for the purpose of seeking a divorce, not that any sane person would.

Washington State: No minimum in-state residency requirement.
Wyoming: None if the marriage occurred in the state and the filing spouse has lived in Wyoming since the marriage date. Otherwise, 60 days.

Nevada: 45 days
Spouse filing for divorce must plan to live in state indefinitely.
Must file sworn affidavit from a Nevada resident having personal knowledge of the filing spouse meeting the minimum residency requirement.

Alabama: No in-state minimum if both spouses live in state. 180 days if only one spouse lives in state.

I have included other states for informational purposes only. I am only licensed in Mississippi and cannot give advice regarding other state laws. The link provided was found on the internet! Caveat emptor!

Matthew Thompson is a family law attorney in Mississippi and supports a “walking around sense” change to Mississippi law.

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Clarion-Ledger: Protecting families, or prolonging misery?

Protecting families, or prolonging misery?

LINKEDIN

Matthew Thompson is a Mississippi family law attorney and professor, and having difficult, drawn-out and costly divorces would be good for his pocketbook.

But Thompson supports reform and changes to divorce laws, “even though it’s against my own self interests.”

“The current laws make it expensive, and in some instances, impossible to get a divorce,” said Thompson, whose firm focuses on family law statewide and who is a professor teaching domestic relations at Mississippi College’s law school.

Thompson said the Legislature’s recent divorce law reform, removing a corroboration requirement for abused spouses, is a needed change.

“Our law has required cruelty claims be corroborated with evidence beyond that of the victim’s testimony,” Thompson said. “… Even if the court believed you, you had to have a neighbor, family member, police report or picture, or you didn’t have corroboration … Now, if the court finds the victim truthful and credible, the court can accept that. If you take a step back and think, that makes sense. Our judges have always been the lie detector, always the barometer of whether someone was credible.

“There is some form of abuse in a vast number of divorce cases,” Thompson said. “Not every one, but a lot of them. When you drill down and include physical, mental, emotional, verbal abuse — It’s a significant number of cases. We as human beings treat the people we are supposed to love the most the worst.”

Thompson said he supports Mississippi creating a “no-fault” ground for divorce. South Dakota is the only other state without such a ground. He said opposition to this change, from those saying it will weaken the sanctity of marriage and increase divorces, is misguided. In practice, Mississippi’s lack of a no-fault ground allows one spouse to hold up a divorce, sometimes for years.

“The idea behind making it difficult to get a divorce is that Mississippi is promoting marriage,” Thompson said. “But when you go 10 years and it costs tens of thousands of dollars — those aren’t intact families trying to get back together.

“Our law promotes divorce blackmail,” Thompson said. “… You have to pay what I say, or agree to what I want, or I won’t agree to a divorce … You have a fundamental, constitutional right to marriage, according to (a U.S. Supreme Court ruling). Shouldn’t you have a fundamental right to a divorce? I guess the counter to that is that you don’t have to get married.”

Thompson said some of the moral and religious arguments focused on divorce policies should be focused on the front-end, marriage policies.

“Our state has made it phenomenally easy to get into a marriage,” Thompson said. “There used to be a three-day wait, used to be a blood test requirement. But now you just go to the circuit clerk and pay $25.

“Studies show having mom and dad happily married and living together is what’s best for children and families,” Thompson said. “Having mom and dad get along and living separately would be second best. Mom and dad living together and fighting and being miserable, whether it’s violent or just cold war, that’s not the best. If this is really about protecting families, there are ways to do that, but still have an appropriate and reasonable means to get out of a marriage. It shouldn’t take a beating or physical violence to get there.”

Contact Geoff Pender at 601-961-7266 or gpender@gannett.com. Follow him on Twitter.

Why Putting Your Engagement on FaceBook May be a Bad Idea.

It seems our “lives” are lived on FaceBook, for better and for worse.

A short marriage came to an abrupt end when the parties realized that they did not really know each other. It was not a first marriage for either party, a whirlwind courtship and a tumultuous coupling that lead to separation after 9 months.

The husband sought an easy “no-fault” divorce. She would keep hers plus he pays her some starting over money, he keep his and they go their separate ways. She did not respond.

Well, she actually hired a lawyer and sued him for everything; a fault based divorce, 1/2 of the house, 1/2 of his retirement, that he buy her a car, permanent alimony, plus she retains all of her stuff. Again, all of this based on a 9 month marriage. It’s important to note that he had the house prior to marriage, the bulk of the retirement prior to marriage and the car was a lease that was to be turned in.

She was aggressive to a fault. She sought a temporary hearing and asked for temporary alimony. She didn’t get it. We then went through the discovery process. We sought records, arrest and otherwise.

Finally, a break through…she posted on FaceBook that she was engaged! To her Soulmate!

I sent her lawyer a note.  It said “Great news! I hear congratulations are in order. Your client has announced her engagement. Attached are the pictures she posted, plus a pic of an impressive engagement ring…it’s high time this case settle. Attached is our proposal to settle all issues. Please review, sign where indicated and return to me. In the event this does not resolve this matter we will be filing an Amended Answer and Counterclaim consistent with these revelations.

The case settled that day via an easy “no-fault” divorce. She kept hers plus he paid her some starting over money, he kept his and they went their separate ways.

Matthew Thompson is a Mississippi Divorce Attorney and is equally grateful and frustrated that FaceBook exists.

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When “NO FAULT” becomes “YO’ FAULT”

While Mississippi is technically not a true “No Fault” state, there are provisions for an Irreconcilable Differences divorce.  (commonly referred to as “No Fault”)

However, sometimes that agreement to a No Fault divorce doesn’t stick.  The parties, after getting over the initial shock of divorce, decide they will be adults and agree.  They think they can agree to the divorce and resolve their differences.   After all, they did manage to get along for most of 9 years, have two kids and bought a house.  What could go wrong?   They even searched online and looked at divorceyourself.com.

The No Fault agreement gets derailed when the Husband realizes he will have to pay 20% of his income towards child support, plus health insurance and alimony. He realizes it’s a lot of money. The Wife gets squirrely when she realizes that her half of the retirement account is consumed by balancing the equity in the house, or that the money she gets cannot be realized without significant tax consequences.

Parties to a divorce don’t realize child support is until 21 in Mississippi.  They don’t know the types of custody, or what each type means.  They agree to things that they cannot legally agree  to and fail to consider the consequences.

Finally, one party is convinced to see an attorney  and when they do they realize the consequences of what they were about to agree to and back out, the other side becomes angry and un-agrees too.  All of a sudden a simple divorce becomes complicated, expensive and adversarial.

Want to keep your situation from going from No Fault to Yo’ Fault? Have an assessment with an attorney that practices family law, keep the peace, and be smart.

Matthew Thompson is a family law attorney that can handle your divorce whether it’s your fault, their fault, or somebody else’s fault.

Follow the blog: BowTieLawyer    

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Welcome to Divorce Hotel

Amicable, Collaborative divorces are all the rage. At least as much as something in the divorce world can be “all the rage…”

http://nypost.com/2015/02/10/i-checked-into-the-divorce-hotel-to-check-out-of-my-marriage/

Well, now you can have the spa treatment, champagne & strawberries, a mint on your pillow and a Divorce!

DivorceHotel, a UK based  divorce corporation, has a package for the couples who can agree to part ways and agree on most everything else.  DH provides a mediator, financial planner, 2 rooms (though one is an option) and all the tools necessary to finalize a split if wedded bliss just is not working out.

All of this, by the way, for the low, low fee of about $5,000.00… depending on the season, of course.

Is this right for you? Probably not, but there are certainly worse ways to divorce.  If you can agree on everything, want a memorable divorce experience and those memories be as pleasant as possible this may be an option for you.

Matthew Thompson is a Divorce Attorney in Mississippi and recommends that if it’s time to Check-Out of your Marriage, you may consider Checking-In to the Divorce Hotel…or maybe the DivorceMotel6.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or more information on Collaborative or Amicable Divorces. (601) 850-8000 or Matthew@bowtielawyer.ms.