Helpful Tessmer Tips | Tessmer Law Firm
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Tessmer Tips / 17.05.2018

You and your spouse likely accumulated a lot of property together while you were married. Now that you have decided to divorce, there may be disagreement about who takes ownership of joint assets. Forty-one states are equitable distributions states when it comes to marital property and nine follow community property laws. However, deciding on what is equitable is often open to individual interpretation. Also, what is legally equitable is usually not equal. An experienced family law attorney can assist you with navigating this common legal issue so you and your future ex-spouse can get on with your lives. Determining Marital and...

Tessmer Tips / 16.04.2018

Many people going through a divorce or child custody situation in which child support is involved think that the support amount is determined by the courts through a formula, and that both parties have no choice but to accept the outcome. However, this is only half true.   Depending on your state, there likely is a specific worksheet that the courts use to determine the initial child support obligation. Influencing factors include: how much both parents have been making, including any bonuses or overtime pay; health insurance costs, out-of-pocket medical expenses, any childcare expenses; and who gets the federal tax exemption. Once...

Tessmer Tips / 06.04.2018

Going through a divorce is hard, and the myths swirling around the process make it even harder. Misconceptions are often spread by well-meaning friends and family that are trying to help but end up doing just the opposite. If you're considering divorce, it's important to separate fact from fiction so you can make the best decisions for yourself and your family. Here are five common misconceptions about divorce. 1. Half of All Marriages End in Divorce Half of all marriages end in divorce is a statistic that hasn't been true for decades. Divorce rates hit their peak in the 1970s and 1980s and...

Tessmer Tips / 12.03.2018

If you're facing a divorce, you already know you'll have to speak with a lawyer to determine your custody arrangements and alimony payments, but what about dividing your assets? While you might think that division of assets is a fairly simple process, the truth is that things can quickly become complicated if you live in a communal property state. This is because in a communal property state, everything you and your spouse own is considered joint property. If you have a boat, a car, or even a business, this may be considered to be shared property. If you're new to...

Tessmer Tips, Uncategorized / 13.09.2017

In 2000, the U.S. Supreme Court issued its opinion in Troxel v. Granville, a case involving the visitation rights of grandparents. Troxel held that a parent has a fundamental right to decide who has access to a child. It was found that a parent who is “fit” is presumed to make decisions – including the decision to prevent a grandparent from contacting a child - that serves the child’s best interest. This “fit parent” presumption can be rebutted if the grandparent shows, by a preponderance of the evidence, that the parent was not fit or that denial of access by...

Tessmer Tips / 06.09.2017

Typically, parents who are divorcing in Texas are appointed as Joint Managing Conservators of the children.  This means that both parents have specific rights and duties when it comes to the children.  These rights and duties include:   • physical possession of the child, • directing the moral and religious training • designating the primary residence, • consenting to medical, dental, and psychological treatment, • receiving child support, • consenting to marriage or joining the armed forces, • education decisions, and many more.   Joint Managing Conservators are also awarded possession and access schedules.  The most common is the Standard Possession Order where the non-primary parent has the children on...