Tessmer Law Firm, Author at Tessmer Law Firm - Page 8 of 30
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Author: Tessmer Law Firm

Entering into a Common Law Marriage   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 and not currently married.   Nobody under the age of 18 may enter into a common law marriage, even with parental approval. In addition to being over 18, you must be a mixed gender couple. A Texas judge recently ruled the ban on same-sex marriage unconstitutional during a lawsuit involving a same-sex common law marriage. However, the status of same-sex marriage remains in legal limbo. Finally, both parties must be...

In According to chapter 2.401 of the Texas Family Code, in order to have a common law marriage a couple must:   Live together as man and wife in Texas; Agree to be married; Tell others in Texas they are married.   A common misconception is that a couple living together for a certain amount of time will automatically become married in the eyes of the law. In Texas, no matter how long you live together, you must agree to be married and present yourselves as husband and wife in order to have a common law marriage.   The third requirement, representing yourselves as...

In Texas common law marriage, or informal marriage, is form of marriage that confers all the same rights as what we recognize as a formal or traditional marriage.   Prior to its independence, Texas laws were based on Spanish and European civil laws. In 1840, The Republic of Texas adopted the English system of laws known as “common law.” This mixing of legal systems is why Texas is one of the few states to recognize both traditional and common law marriage as legally equivalent.   Most common law marriages become important at the end of the marriage. For example, a spouse is entitled to...

For months now, business owners have been monitoring and watching for the U.S. Dept. of Labor to announce its final decision on the minimum salary threshold to be paid to employees in order to qualify as exempt from overtime under the Fair Labor and Standards Act (FLSA). Today the decision was announced.     The new rule raises the current salary level for exempt employees from $23,660 annually to $47, 476 and goes into effect December 1, 2016.     Additionally, under the new salary rules, the level for “highly compensated” employees will rise from $1000,00 per year to $134,004 per year.     Many employers will be impacted...

Congratulations to Heather Tessmer who was recently named 2016 Best Lawyers by S.A. Scene magazine!  Attorneys are nominated and chosen via peer surveys circulated by the magazine.  Keep up the good work!!    ...

For the past two weeks, we have been discussing the subject of domestic violence: what it is, how to recognize it and where to go for help.  Today, let's sum it up:   Domestic abuse does not have to be physical.  Emotional or psychological abuse is just as devastating to a victim. Be alert for the signs of domestic violence and trust your gut instinct.  If you see something, say something! If you are a victim seeking to break the cycle of violence, make a plan for your safety. Call 9-1-1 in an emergency situation.  Don't hesitate!   If you or someone you...

WARNING SIGN #9: A FIGHTER, NOT A LOVER:   The words ‘abuse’ and ‘relationship violence’ immediately conjure up mental images of physical fights, bruises, cuts, broken furniture, etc. Tangible violence is recognized when we see it; we can identify it when we hear it directed at someone. However, aggressive persons never end the first date by punching you in the face.  These behaviors manifest over time. Clearly, acts of aggression toward animals or children would be considered ‘red flags.” However, the abuser may act out his aggressions in other ways that will indicate his abusive personality. Aggressive individuals often have little patience,...

WARNING SIGN #8: “I’M JUST SAYIN’”:   He is always joking around, but his “jokes” are filled with malicious sarcasm and condescending undertones. Sometimes his humor seems innocent and just poorly timed; at other times his hostility is unmistakably purposeful. When he is not poking fun at others, his direct conversations will likely be condescending, cruel or rude in nature. Listen to the way he talks about his ex; does he become angry, call her names, or use insulting descriptions in an effort to blame her for the demise of that relationship? Consider that these comments are directed at others for now;...

WARNING SIGN #7: THIN SKIN:   Abusers tend to have low self-esteem, so they are easily upset or insulted. They tend to make a big deal out of nothing, focus on insignificant details or comments, and assume that any difference of opinion is a direct personal attack.  Abusers are highly inpatient, excessively critical of others, and lack the ability to forgive others. He may often claim that you have ‘hurt’ him; even your smallest transgressions cause him emotional pain. While his petty attitudes and outrageous emotional responses seem unfounded, you will eventually feel devalued and question your sensibilities.  You will often...

WARNING SIGN #6: THE LONE WOLF:   At first, it might appear that he really enjoys spending time alone with you, or that he is just uncomfortable around others.  Or maybe it is just that he loves being one with nature; but eventually you will want to get out and do something. The abuser’s insistence to hang out alone only serves one purpose, he wants to isolate you from the outside world because he is vested in keeping you all for himself. This individual will either outright refuse or offer excuses as to why he cannot meet your family or friends.  Similarly,...