Tag Archives: No fault

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?

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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