Tessmer Law Firm, Author at Tessmer Law Firm - Page 20 of 30
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Author: Tessmer Law Firm

The police can arrest you without a warrant for committing a misdemeanor in their presence.  Examples include:  trespassing, disturbing the peace, driving under the influence of alcohol, failing to stop when you are in an accident, driving without a valid license, or causing the police to believe you will disregard a traffic citation.   What is a citizen’s arrest?  Any citizen (most often this happens with a security guard or store owner) may arrest you if you have committed a crime in their presence.  They can also arrest you if they have good reason to believe that you have committed a felony. ...

The criminal justice system protects the public by arresting and jailing criminals. Not everyone who is arrested is a bad guy.  If you or a friend/family member is arrested, you need to know your rights.  Stay tuned Tessmer Tips on “What to do if you are arrested….” A law enforcement agent (police officer, state trooper, sheriff) can constrain your freedom of movement in an arrest because of your possible involvement in a criminal offense.  You can also be taken into custody if there is a warrant for your arrest.  If a warrant has issued, you can be arrested in your home or...

Top 10 things you must do once your divorce is final: #10 - Lean on your family and friends who love you.  Ask for help when you need it.  Have a girlfriend getaway weekend or gather the guys for golf or poker.  Make new rituals and traditions for yourself and your kids. Divorce can be emotionally devastating; it is natural to grieve. Allow yourself time to reflect and think about what you want your new life to be. Do what makes you happy!  You deserve it!...

Top 10 things you must do once your divorce is final: #8 - Put together a new budget for your single household.  Your financial situation may have changed drastically; knowing exactly where your dollars are going will be helpful as you start over and re-establish yourself.   Top 10 things you must do once your divorce is final: #9 - See a qualified counselor or therapist if you are feeling as if you cannot move on.  Have your children see one, too, if they are having trouble transitioning to having two homes and separate parents....

Top 10 things you must do once your divorce is final: #6 - If you are changing your name, you will need to update your driver’s license, Social Security card, bank and credit card records, employment and insurance records, IRS records and your passport.   Top 10 things you must do once your divorce is final: #7 - Obtain IRS publication 504 “Divorced or Separated Individuals” to learn info about filing status, exemptions, QDRO’s, etc.  Change your withholding allowances on your W4.  Execute IRS Form 8332, Transfer of Dependency Exemption, if required to do so in your Final Decree....

Top 10 things you must do once your divorce is final: #4 - Sign documents to re-title cars, boats, etc. and file for new titles with the appropriate agencies.  Record deeds to transfer titles on real property.  Notify utility companies of any new names on their accounts and file a change of address or mail forwarding with the Post Office.  Update auto and homeowner’s insurance records.   Top 10 things you must do once your divorce is final: #5 - Update your children’s school and medical records with names, addresses and contact numbers for both parents.  Sign up for Family Wizard (or...

Top 10 things you must do once your divorce is final: #2 - Take care to change any personal and/or financial information needed.  For example: open new checking and savings accounts, update any automatic payments taken from your accounts, change your passwords to all online accounts and your email, open a new safety deposit box in your name only.   Top 10 things you must do once your divorce is final: #3 - Revoke any Powers of Attorney naming your ex and make new ones.  Create a new Estate Plan (Will, Medical Directives, etc.).  Change beneficiaries on retirement accounts and insurance policies....

We handle a lot of divorce cases. Yours may have been fairly painless - or, it may have been contentious and seemed to have dragged on forever.  Either way, now it is over and you are officially divorced, but there are still some details to handle. Stay tuned this week to see the top 10 things we advise our newly divorced clients to do - and don't worry, if you need assistance with any of them, we are here to help!   Top 10 things you must do once your divorce is final: #1 - Secure several Certified Copies of your Final...

Texas law requires that division of property must be equitable under the circumstances.  There are many things the court considers in determining what is “equitable”, including fault in the breakup of the marriage, the difference in earning potential between the spouses, which spouse has custody of the children, and more.  An equitable split does not mean that the division of property will be 50/50, and a court is never allowed to award one spouse’s separate property to the other spouse.   A couple can name specific property as “community” or “separate” themselves in two ways.  First, before marrying, they can execute a...

In the case of splitting debts in a divorce, the key principle to remember is that any agreement reached involving the assignment of a debt is binding between the spouses, but generally does not extend to creditors. A proper divorce settlement will take several factors into account, such as when the debt was acquired, the names on the debt account and how ownership of the asset associated with the debt – for example, a vehicle – is structured. In general, if the credit of both spouses was used to acquire the debt, or both spouses are named on the credit...