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Tessmer Tips / 26.05.2016

Dissolving a Common Law Marriage – Divorce   In order to end a common law marriage you must file for divorce. The first step, however, is proving the marriage existed.   Proving a Common Law Marriage   Texas courts generally give two years from the end of the relationship for a person to prove a common law marriage and file for divorce. After two years the court assumes that there was no agreement of marriage.   Examples of proof of marriage are: joint tax statements; leases signed as husband and wife; insurance forms filed as husband and wife; a signed declaration of marriage; and sworn testimony from acquaintances...

Tessmer Tips / 25.05.2016

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...

Tessmer Tips / 24.05.2016

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...

Tessmer Tips / 23.05.2016

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...

Tessmer Tips / 18.05.2016

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...

Tessmer Tips / 29.04.2016

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...