Lee Keller King's Answers

If my boyfriend and I filed our taxes as married but never signed a Common Law Affidavit would we still have to get a divorce?

No particular document must be filed in Texas to prove an informal marriage, which is the correct legal name of what we normally call a "common law" marriage. All that is required is that "the man and woman agreed to be married and after the agreement they lived together in this state as husband and wife and there represented to others that they were married." Texas Family Code Section 2.401(2). Under the fact pattern that you provide, it is appears that you cohabited together and held...

3 people marked this answer as helpful

Is the following considered assault?

In the Texas Penal Code, Assault and Batter have been merged into the offense of Assault, and the civil version is also generally called Civil Assault. The relevant elements are generally the same -- intentionally, knowingly, or recklessly causing bodily injury to another. However, Civil Assault is an intentional tort and probably not covered by the man's homeowner's policy (or other coverage). Therefore, if it should be necessary to sue, a negligence claim may be the better course of...

1 person marked this answer as helpful

I am of legal age. I took nude photos of myself and sent them via text msg to my boyfriend...his wife got a hold of them.

I agree with Mr. Dyer. This is not (as of yet) a personal injury case. What you have sounds more in the area of invasion of privacy and/or copyright. When you sent the photos to your boyfriend, you did so with the intent that he would view them for his own person pleasure, but not publish them to others. You did not intend for his wife to have a license to publish the photos to others. (By publish, I mean in a legal sense by providing or showing them to others) The photos belong to...

1 person marked this answer as helpful

LP P/G Lawsuit Question I am being sued by a debt financier for a personal guarantee agreed to by 4 partners, 2 who sold off

First of all, it is impossible to give you an extensive answer without having reviewed a copy of the partnership agreement, the personal guarantee and other relevant documents. The language of the agreement and personal guarantee will likely be determinative of your rights. Did the partnership agreement limit the ability of the other two partners to alienate or otherwise dispose of their shares? Was there any provision for giving right of first refusal to the remaining partner (you) before...

1 person marked this answer as helpful

I am the plaintiff in a Fort Bend county TX proceeding in small claims court. The defendant has filed a motion for SJ

Normally, all evidence in opposition to a motion for summary must be presented at least seven days before the hearing. Furthermore, it must be submitted in a form that would be admissible at trial. Failure to submit sufficient evidence to raise a fact issue regarding the grounds alleged in Defendant's motion could cause a summary judgment to be entered against you. The Court could then dismiss your case, if the summary judgment negates all your causes of action. However, mall claims court...

1 person marked this answer as helpful

I am I allowed to change my name twice in my life?

I think the short answer is "yes." I have seen no prohibition in Texas law from changing your name multiple times. The only reason I know that a name change will not be allowed is if it is done for purposes of fraud. Practically, you could just start using your two middle names and not go to the expense of having it formally changed. You would only need to use your "legal" name on a few documents which require it.

1 person marked this answer as helpful

Do I need a lawyer for this

I agree with Mr. Lundeen -- you should not be charged an additional fee for reductions obtained in your medical bills. The Texas Disclipinary Rules of Professional Conduct forbid the charging of an unconscionable fee. A fee is unconscionable if a reasonable attorney could not not form a reasonable belief that the fee is reasonable. Rule 1.04(a). http://www.texasbar.com/ContentManagement/ContentDisplay.cfm?ContentID=12477 As a Texas attorney who has practiced in the persona injury...

1 person marked this answer as helpful

Can I be sued for this amount?

This would appear to involve civil claims for malicious prosecution as a quick search no case law regarding giving testimony as a basis for a civil suit. To prove malicious prosecution, a plaintiff must generally show that (1) a criminal prosecution was commenced against him; (2) the civil defendant initiated or procured that prosecution; (3) the prosecution terminated in the civil plaintiff's favor; (4) he was innocent of the charges; (5) the civil defendant lacked probable cause to...

Can I TM this?

My first question is: Has the California radio station filed for a Federal trademark? If not, then you are free to register your trademark, and you should do so quickly. Even if they have registered a Federal trademark, you may be able to register a variant such as "Texas Lesbian Mafia" or "Lesbian Mafia South Side." This is really something that needs the assistance of an attorney experienced in trademark issues. We do this type of thing at my firm, but it is not my niche.

Do I have to cut overtime?

The short answer is "Yes." Federal Law requires your employer to pay you time and a half over 40 hours. However, your employer may validly require you to work no more than 40 hours a week so as to avoid overtime. Texas is an at-will employment state, and your employer may terminate your employer for any legal reason, or for no reason. Your failure to abide by the company's overtime policies would, however, be good cause for firing you.