Collaborative • Military • LGBTQIA+ • Common-Law
When divorce seems inevitable, our attorneys are here to guide, protect, and fight for you.
It may be comforting to know that 50% of marriages in the U.S. end in divorce. Some divorces are simple and timely, while some are very complex – but ALL divorces are stressful and emotionally devastating. The family lawyers and legal team at Tessmer Law Firm have the knowledge, expertise, and experience to help you navigate the divorce process from beginning to end (or as we like to call it, new beginning).
At Tessmer Law Firm PLLC, we will keep you informed of the Texas Family Code, which contains most of the laws concerning divorce and other family law matters in the state of Texas. However, first and foremost, we will listen to you. We will advise you of ALL your options under the law and help you make the decisions necessary to protect your rights, your children, and your assets.
We think beyond the legal process and have partnered with a professional, licensed counselor to help our Clients with the stress and emotional trauma that the dissolution of a marriage can present. We also go beyond the final decree and encourage our newly divorced Clients to revisit their Wills and other Estate Planning documents, as well as any new financial and/or tax obligations they may face.
Our Attorneys and staff are strong proponents of marriage and would love to see couples stay happily together forever. But the reality is that marriages do fail, and sometimes divorce is the answer. If that is the case for you, call us for a consultation and let us use our expertise to protect you during this difficult time.
Collaborative divorce is a process that uses mediation and negotiation to settle the issues. Unlike traditional divorce, the goal of a collaborative divorce is to avoid court, fighting, disagreements, and unwillingness to settle.
There are benefits to a collaborative divorce, such as:
In a collaborative divorce, each party hires their own attorney. Tessmer Law Firm offers expertise in mediation and understands the collaborative approach. Once you have hired your attorney, you will meet and go over what you want and are willing to accept. Then, you and your attorney will meet with your spouse and their attorney. These four-way meetings will happen several times as you work out the issues. If needed, other professionals, such as accountants or custody evaluators, are brought in to help with the negotiations.
Once all the issues are resolved, the attorneys will draw up the final paperwork and file it with the court. Because you have gone through the collaborative process, filing the final decree will be a simple, uncontested procedure.
Collaborative divorce with Tessmer Law Firm on your side can save you time, money, stress, and further emotional trauma.
If you think collaborative divorce is the solution for you, contact us to schedule a consultation.
Family law matters concerning a member of the military create several unique issues as compared to the typical civilian cases, as specific state and federal laws will apply. When one spouse (or both) are serving in the armed forces, a divorce is more complicated, and there are different rules concerning jurisdiction, child custody, and health insurance and retirement benefits. Servicemembers and civilian spouses should take the time to learn about the special issues involved in military family law matters and should seek an attorney who is experienced and knowledgeable on the subject.
If you are one of the nearly 1.1 million active-duty American military personnel stationed around the world – or the spouse of one – you will deal with issues in a divorce that do not affect civilians. For example, servicemembers have certain rights concerning where a divorce is filed. A suit for divorce may not be filed in Texas unless at the time the suit is filed either party has been:
The residency requirement will also be met when both the military member and their spouse reside in Texas due to military service. To learn about how a military divorce can affect you or someone you know, contact the team at Tessmer Law Firm with any questions or to schedule a consultation. We are ready to help you.
On June 26, 2015, the U.S. Supreme Court ruled that same-sex marriage and same-sex divorce be recognized. As a result, Texas courts are allowed to perform same-sex marriages, grant same-sex marriage licenses, and grant same-sex divorces. Same-sex divorces are typically executed just as traditional heterosexual divorces. One difference couples may face is if a child is involved. Tessmer Law Firm is here to explain the Texas code and simplify the LGBTQIA+ divorce process.
We will put our years of experience to practice and provide the compassionate, fair, and tough representation needed when facing a divorce.
INFORMAL or COMMON-LAW DIVORCE
In order to end a common-law marriage, you must file for divorce. The first step, however, is proving the marriage existed.
Texas courts generally give two years from the end of the relationship for a person to prove a common-law, or informal, marriage and file for divorce. After two years, the court assumes that there was no agreement of marriage.
Some examples of proof of an informal marriage are:
The second step after proving a marriage is to officially file for divorce. While it is possible to simply wait out the two-year limit, filing for divorce after ending a common law-marriage is a good idea. By filing, you can legally establish a fair division of property, child custody arrangements, and child and spousal support.
You may have heard of the term “palimony” to refer to money given after the end of an unmarried relationship. “Palimony” is not a legal term and does not apply to common law divorce. If the marriage is proven, the courts will decide if spousal support is merited like any other marriage.
If you are seeking guidance through an informal divorce, contact us to speak to an experience Tessmer Law Firm team member!