People enter into agreements every day. Like when you promise to get the milk on your way home from work or when you promise to return that Tupperware after a dinner party. It would not be reasonable to expect someone to draft a contract when the agreement is worth the value of a pinky promise. However, there are some agreements that, if broken, will result in more severe consequences than an evening grocery run. A business owner should put all agreements in writing. Some examples of things you should ensure are in writing include:

• leases or rental agreements
• storage agreements
• land transfers
• contracts for services (such as consulting or electrical work)
• purchase orders or contracts for goods worth more than a couple of hundred dollars
• offer letters of employment
• employment policies

The importance of putting this tip into practice.

Even if it’s not legally required, it’s wise to put almost everything in writing. A written agreement does not have to be formal or complex to get the job done. It can be as simple as an email exchange or a signed napkin. The nature of your transaction will determine the level of detail to consider implementing into a written agreement. The reasons for getting agreements in writing might be:

• Oral agreements can be difficult or impossible to prove
• Protecting your rights and interests
• Clear outlines of who is responsible for what
• Memory is unreliable
• Creates little room for misinterpretation or misunderstanding
• Ensures all parties agree to the same terms
• Some agreements are required to be in writing to be enforceable
• Promotes confidentiality and trust
• Protect promises in the event of unpredictable changes

Get in the habit of getting and giving receipts for all goods, services, and deposits, regardless of how much. 

Don’t let yourself become the victim of a handshake with fingers crossed behind the back. It is best to consult an attorney who understands the nature of legally binding agreements. Seeking a document review by a professional attorney? You can click the links to learn more about marital agreements or business agreements and services. 

Schedule a confidential consultation with one of our attorneys by clicking here or calling us at 210-368-9708.

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A high-asset divorce can be among the most complex family law matters. It is important that knowledgeable and qualified experts are consulted to protect your assets, interests, and rights. Forensic accountants, professional appraisers, financial and wealth managers, tax consultants, pension valuation experts, and business evaluators are just some of the qualified professionals that your attorney could bring in to help with your case. Many of these experts will not only advise you on the next steps or ensure equitable distribution, but as an expert, their expertise will hold up in court. Below is a quick description of these qualified experts and the role they may play in your case.

Forensic Accountants

A forensic accountant will dive into the financials within your marriage, seeking information that can be used in court. Some of the information they may uncover includes income, tax returns, assets, bank statements, or credit card statements.

Professional Appraisers

A professional appraiser will conduct an assessment regarding the value of any marital estate, including real estate and personal property. This ensures the party receives their fair share in the divorce settlement, backed by expert evidence.

Financial and Wealth Managers

With all the changes divorce entails, especially financially, a wealth manager will give you advice on financial planning and investment management. Within financial planning, they will help you articulate a plan regarding your spending needs in the present or future. With investment management, they will help you articulate a long-term goal regarding your investments and how you can achieve that goal. 

Tax Consultants

A tax consultant will advise and help manage tax issues in relation to your divorce, such as the division of assets. 

Pension Valuation Experts

A pension value expert will evaluate and divide your pension (your retirement plan) in a just and equitable manner. These experts are impartial and will provide their expert opinion, with the goal of an unbiased and fair division.

Business Evaluators

If you or your ex, or soon-to-be ex, own a business or business interest, a business evaluator will determine the value and ensure equitable distribution of these assets. 

If you have questions about a high asset divorce or any other legal matter, schedule a confidential consultation with one of our attorneys by clicking here or calling us at 210-368-9708.

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Mediation is a popular method for resolving family law disputes in Texas. In particular, divorce mediation is for couples who seek an efficient, yet fair, divorce process. Mediation is a process that allows couples to control certain aspects of their outcome. Unlike in court proceedings, the parties in mediation have the responsibility to work together to find a resolution.

Unlike other forms of alternative dispute resolution, a court can refer a family to mediation, or a dispute may be referred to mediation based on a written agreement of both parties. The parties can participate in mediation before or after a lawsuit has been filed in a court of law. Discussions in front of a mediator are confidential. If one or both parties changes their mind during mediation and chooses to proceed with court proceedings, nothing that was discussed in mediation can be used in litigation and the mediator cannot be called as a witness for either spouse in court.

In many cases, the cost of mediation is less than other forms of alternative dispute resolution or litigating their case in court. Often mediation is also the most time efficient method, as many parties can address and resolve their conflicts in a day or less. Even a failed attempt at mediation can be cost effective. If couples abandon mediation, they will usually find that they are more prepared and have more information needed to move the case forward quickly. The attempted mediation will likely result in lower attorney’s fees for each party.

Mediation isn’t just for divorce cases. Professional mediation services may be used to resolve ongoing child custody issues, such as visitation or child support, property division, or other family law disputes. Mediation is especially encouraged for families with disputes about children, as it can help them maintain a healthy relationship and avoid the family law courts.

Lastly, mediation is generally not advised in cases where there is a history of domestic violence or other evidence of an extreme power imbalance between the parties. For mediation to be successful, both parties must feel that they can speak freely with the mediator and each other. However, if one spouse is afraid to speak freely or is afraid of repercussions after speaking freely, mediation is likely not appropriate.

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Medical Benefits Program

The medical benefits program available to active-duty service members, retirees, and family members is called TRICARE. After a divorce, a service member’s children continue to qualify for TRICARE. Unfortunately for civilian spouses, unless you meet some pretty stringent requirements, you will no longer qualify once you are divorced. You get to keep your TRICARE coverage only if all the following things are true:

• You do not qualify for health insurance through your own employment.
• You have not remarried.
• You meet the requirements of the 20/20/20 rule, meaning that you were married for at least 20 years, your spouse has at least 20 years of military service, and there was at least a 20-year overlap between those two time periods. (Lesser benefits are available to spouses who meet a 20/20/15 rule, meaning the overlap was at least 15 years.)

Military Pension

“My wife can’t get a share of my pension. We have not been married ten years during my service.”  

This is incorrect.  There is no minimum number of years for divisibility of the military pension. The so-called “10/10 Rule” (or 10-Year Rule) is a source of confusion for many individuals when dealing with a military divorce. The 10-Year Rule only affects how the former spouse receives the share of military retirement pay to which he or she is entitled because of a divorce. 

The first “10” of the 10/10 Rule requires a couple to have been married for at least ten years. The second “10” requires the military spouse to have served at least 10 years of service creditable towards retirement during the marriage. If both these conditions are met, then the Defense Finance and Accounting Services (DFAS) may directly pay a former spouse his or her share of military retirement pay. 

If the 10-Year Rule is not met, then the military spouse must provide the former spouse his or her share directly, which could be done by mailing a check, setting up an allotment or automatic payment, or some similar method.

How Remarrying Affects Benefits

How does remarrying affect the benefits awarded to you in a military divorce? First, let’s start with the retirement pay.  That would not be affected by your remarriage, as it is considered a split of marital property and is stated in your divorce decree.  

If your ex-spouse passes away, and you are covered by the Survivor Benefit Plan (SBP) as a “former spouse,” your benefits through SBP would stop if you remarried prior to age 55.  If that marriage ends due to death or divorce, your SBP benefits would restart.  You will lose military health care benefits permanently if you remarry.  

Finally, base privileges including the commissary, exchange and recreational facilities would be terminated upon remarriage, but could be reinstated in the event the marriage ends. 

If you have questions or need assistance with a matter involving military benefits as they apply to family law, call us today at 210-368-9708 to schedule a consultation.

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Last week we discussed what a common-law marriage entails, but how do you enter into one?

If You Would Like To Enter A Common-Law Marriage You Must Be:

• over 18;
• marrying someone of the opposite sex;
• not related to your future spouse;
• not currently married.

More Requirements When Entering A Common-Law Marriage

Nobody under the age of 18 may enter into an informal marriage, even with parental approval. Besides being over 18, you cannot be relatives by consanguinity. Couples of the informal marriage may be same-sex since becoming legal for every state in 2015. You can read more about the  Obergefell v. Hodges decision here. Finally, both parties must be single. This means, that if one person is already in a marriage, he or she must divorce his or her spouse whether the marriage is common-law or not. It is not possible for one person to have two or more spouses in any form.

The most straightforward way to enter into a common-law marriage is to sign a declaration of marriage at the county clerk’s office. But, that is not necessary. You can move in together, and behave as a husband and wife would, inferring a common-law marriage agreement.

What If I Want To Move To A Different State?

Not all states recognize common-law marriage. Your marriage will stand in Texas but not if you move to a new state that does not honor informal marriages. Consider this possibility when entering into a common-law marriage. Find a list of states allowing informal marriages here.

To avoid a common-law marriage, the best thing to do is draw up a contract with a lawyer stating that while you live with this person, you wish to remain single. With a contract in place, you can live with a significant other without ever becoming spouses. Keeping bank accounts separate, filing separate tax returns, and of course, not referring to your partner as a spouse, will keep you single!

Further Reading:

Pro Se Resources-Common Law Marriage

The Statesman

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Sometimes a divorcing parent does not know how to deal with their hurt and anger, so they lash out at their soon-to-be ex. When parents lash out, it is often through their kids. This is central to the plot of our next recommended family law movie.

Mrs. Doubtfire is a 1993 comedy starring Robin Williams as Daniel Hillard, and Sally Field as Miranda Hillard. The Hillard’s are a San Francisco couple with three children. Daniel is a devoted and loving father but is unreliable as a husband. After a very heated argument, Miranda files for divorce. At the first hearing, Miranda is awarded custody of the children because Daniel is unemployed and has no place to live.

Where Does Mrs. Doubtfire Come In?

Desperate to stay connected with his kids, Daniel applies to Miranda’s ad to hire a housekeeper as a Scottish nanny named Euphegenia Doubtfire. When Miranda invites Mrs. Doubtfire for an interview, Daniel enlists the help of his makeup artist brother to transform him into Mrs. Doubtfire. Miranda hires Mrs. Doubtfire and they soon become a family. Miranda becomes friends with Mrs. Doubtfire, whom the kids adore.  Everyone is happy. 

Plot Twist!

Daniel becomes more responsible and trustworthy as he learns about taking care of the family as Mrs. Doubtfire. But when he asks Miranda to allow him to look after the kids, Miranda tells him she cannot fire Mrs. Doubtfire because she has made their lives so much better.

Ultimately, Daniel’s secret identity is revealed. The good news is playing “Mrs. Doubtfire” leads Daniel to a new job with his own television show. At the next custody hearing, Daniel shows he has a job and a suitable home for the children. Daniel gives a heartfelt speech about why he created and pretended to be Mrs. Doubtfire. The judge is sympathetic, but grants Miranda full custody, with Daniel limited to supervised visitation once per week.

Without Mrs. Doubtfire, the family is miserable. Miranda decides to appeal the custody ruling because she sees how much happier the kids were when Daniel was involved. As the movie closes, Mrs. Doubtfire tells her new television audience no matter what arrangements families have, love will always prevail.

In Mrs. Doubtfire, Robin Williams makes us laugh out loud.  He also shows us how important it is for children of divorce to have both parents. Some exes are completely disinterested in being a part of your children’s lives. However, if your ex is a loving parent and really wants to be involved with the kids, it is in the kids’ best interest to help foster that relationship. This is especially true if you are the custodial parent.

Denying visits and making things difficult hurts your children in the long run. Are you a divorced parent in the San Antonio area and being denied visitation or access to your children? There are ways we can help. Call us today at 210-368-9708 or visit our contact page to schedule a consultation. Remember, at Tessmer Law Firm, PLLC, families come first!

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If you are currently enduring the lengthy process of a divorce, then it is not uncommon to have questions. For many parents, there can be a lot of confusion about custody and the legal jargon associated with it. Here at Tessmer Law Firm, we want to help you understand the ins and outs of the process in Texas!

THE BASICS

In Texas, the law presumes that you and your spouse will be “joint managing conservators.” This means that both parents will share parental rights and obligations. Attorneys and judges use the word “conservatorship” when referring to child custody, and “possession” when referring to visitation. In the case of joint custody, both parents will have conservatorship of the child. Under Texas law, there are two types of joint conservatorships: physical and legal.

JOINT PHYSICAL CUSTODY

Physical custody determines who your child will live with on a day-to-day basis. Generally, parents are awarded 50/50 custody as it is seen as being in the best interest of the child. This style of conservatorship means that your child will be living with Mom and Dad for the same number of days each month. That being said, 50/50 is not always guaranteed and there are situations where one parent is given primary physical custody. In these situations, the other parent is given secondary physical custody or no custody at all. Importantly, these cases should be seen as the exception rather than the rule. A parenting plan will be developed to determine how long your child will stay with each parent.

The court will consider several factors when determining physical custody. One of the factors includes which parent has historically been the primary caretaker. The court may ask some questions to determine this, which could include asking who cooks dinner for your child, helps with homework, or gets them dressed in the mornings. Additionally, the court will determine which parent has the resources to support and care for the child’s physical/emotional needs. The court may ask for your child’s preference as to which parent he/she would prefer to live with. Of course, this is only if they are old enough to make an informed decision.

JOINT LEGAL CUSTODY

Legal custody determines who will make the important decisions for your child. Important decisions can include but are not limited to, the child’s education, health, and religion. In most states, it is common for parents to be awarded joint legal custody. Joint legal custody means that both you and your ex-spouse will have a say in determining what is in the best interest of your child. These decisions may include choosing to put your child on medication or changing their school. However, the courts acknowledge that it is likely that the parent whom your child spends more time with may have a bigger influence in this area. The courts often determine this parent to be the one with a greater understanding of the child’s wishes.

WHAT TO DO NOW

It is important to remember that whatever decision a court makes regarding the custody of your child is not permanent. Custody agreements can be modified upon an agreement reached by both parties or by petitioning the court for a modification. Either way, you will be pleased to know that your situation can still be changed. Imperatively, if you are unsatisfied and would like to change your agreement, then it is wise to retain a lawyer to help you. We would be more than happy to assist you through this change at Tessmer Law Firm. If you believe that your child would benefit from a new custody agreement, please call our office to schedule a consultation.

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What to Expect During the Mediation Process of a Divorce

What is Mediation?

Mediation is an alternative dispute resolution method where a neutral third party, also known as a mediator, helps the disagreeing parties find a mutual resolution to their conflict. Mediation is a popular method for resolving family law disputes in Texas. Unlike other forms of alternative dispute resolution, a court can refer a family to mediation. A dispute may also be referred to mediation based on a written agreement of both parties. The parties can participate in mediation before or after a lawsuit has been filed in a court of law.

Mediator vs. Attorney

            The mediation process can be characterized as assisted negotiations. Since the parties communicate through the mediator, the communication is filtered in the interest of achieving harmony. The role of the mediator in mediation is to help the parties find a solution to the dispute. Unlike court procedures, the parties in mediation have the responsibility to work together to find a resolution. The role of the attorney is advising their client and reviewing proposed agreements, as opposed to arguing their client’s case to a judge or jury.

The mediator does not have the ability to force the parties to make an agreement. Participating in a mediation does not mean the parties are bound. If the parties reach an agreement, however, they can enter into a Mediated Settlement Agreement that is binding. The Mediated Settlement Agreement can then be submitted to the court to dispose of a pending lawsuit on the matter.

In most cases, the cost of mediation is less than other forms of alternative dispute resolution or litigating issues in court. Often mediation is also the most time efficient method, as many parties can address and resolve their conflicts in one day of mediation.

If you are interested in learning more about mediation and whether it is a good option for your family law needs, please call us at 210-368-9708 to schedule a consultation or visit our website at tessmerlawfirm.com.

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By: Mariana Posadas

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Today, there are more active cases of COVID-19 in Texas than when the virus first arrived in the United States. The 2020 global pandemic has changed the way we live, forever. Students around the country are attending school virtually. With holidays around the corner, parents are left wondering whether they are obligated to follow their court-ordered custody holiday visitation schedule. 

What Are Joint Managing Conservators?

            Typically, Texas law says that parents should usually be named Joint Managing Conservators. A joint conservatorship order means both parents share decision making about the child. Such decisions include schooling, religious training, and medical decisions.  In most joint conservatorship orders, one parent will have the exclusive right to decide where the child lives. This parent is called the “custodial parent.” The other parent with whom the child does not live with, is called the “non-custodial parent.”

What’s a Possession Order?

            A possession order says when each parent has the right to visitation with the child. Joint Managing Conservators often share possession and access of the child through a Standard Possession Order. A Standard Possession Order states that parents will rotate holidays with the child every other year. Under this order, the non-custodial parent will have rights to the child during the holidays in even-numbered years. The non-custodial parent possession and access begins the day that the child is dismissed from school for Christmas vacation, and will continue until noon on the 28^th of December. After that, the custodial parent has rights to the child until the child returns to school after the Christmas break.

 In odd-numbered years, the custodial parent has rights to the child during the holidays. The custodial parent’s possession begins when the child is dismissed from school for Christmas vacation and will continue until noon on the 28^th of December. After that, the non-custodial parent has rights to the child until the day before the child returns to school after the Christmas break.

Can You Ignore a Possession Order?

Traveling during these trying times may be dangerous, and therefore parents across the State may be planning on ignoring their possession and access order. However, Courts in Texas have held that parents should follow their visitation schedule based on their original school schedule, regardless if the children are online learning, and regardless of the global pandemic. In other words, shelter in place orders and social distancing does not supersede custody orders. Therefore, parents should follow their custody arrangement, as failure to do so may result in contempt of court and sanctions. However, the Standard Possession Order says that the parents may have possession of the child whenever they both agree. With the danger of COVID-19 lingering, many parents may agree to overlook the possession and access order, and agree to an alternative and safer holiday schedule.   

Contact Us today for questions and more information about custody and Covid-19.

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