Marital Law 101



Tessmer Tips 2012 for February 20th through March 2nd are focused on Marital Law:


Day 1: 


Spring is in the air … and there is nothing like a beautiful spring wedding!  But, if this is not your first marriage – or even if it is – you might consider a legal consult to discuss a prenuptial agreement…. If you want to provide for children from a previous marriage, if you have substantially different income levels, or you just want to keep assets separate, then you really need a prenuptial agreement.


Day 2:


You don’t have to live in Texas and you don’t need a blood test to get married in Texas.  You DO need a valid ID and cash to get your marriage license at the local county clerk’s office.  Once you have the license you have to wait three days (can be waived for active military) before the wedding, but don’t wait more than 30 days!  Also, don’t get married within 30 days of a divorce…


Day 3:


If you are over 18 and don’t want to get off the couch for a wedding, common law marriage may be for you!  Simply live together as man and wife, represent to others that you are married, and agree with each other that you are married.  It is that easy!  Just remember, while the wedding was cheap, the divorce might not be!


Day 4:


When you are married, there is a “community property presumption” in Texas… but, what does that mean?  "Community property" is any property acquired by either or both spouses during marriage by any means other than gift or inheritance. This includes virtually everything purchased during marriage.  This also includes your salary and any interest on separate assets…


Day 5:


Separate property is any gift or inheritance that was made to you after marriage and any property or other asset you acquired prior to marriage.  It is a good idea not to comingle separate and community assets…


Day 6:


Once you are married, you can file a joint income tax return.  A joint return might reduce your taxes, but it also makes you responsible for your spouse’s income taxes.


Day 7:


Marriage is not always easy … if you are having difficulties, try talking with a marriage counselor, social worker or pastor.  If nothing seems to work, or your spouse has “checked out” of the relationship, filing for divorce might by your next step.


Day 8:


Preparing for a divorce sounds bad … but, you should be aware of incoming and outgoing money, have an idea of what assets you and your spouse have and know about any debts that are owed. 


Day 9:


In Texas, the quickest amount of time from filing the petition for divorce to the final decree of divorce is 60 days.  This usually occurs with uncontested divorces where a waiver is signed.  Contested divorces can take several months longer.


Day 10:


If you think it might be time to talk to an attorney about your marital situation, Tessmer Law Firm, PLLC offers free consultations that are always confidential.  We can also assist you when it is time to adjust child support or make other changes to previous divorce decrees.  Call us at 210-368-9708 or check us out at www.tessmerlawfirm.com or on Facebook at www.facebook.com/Tessmer.Law.Firm.