When I draft QDROs in a Texas divorce, one of the parties hires me to draft the QDRO after the judge signs the divorce decree. This is usually not the most efficient or productive method to deal with the QDRO. It is far better to start thinking about the QDRO early in the divorce. Many of […]
When to start thinking about a QDRO in your Texas divorce Read More »
Under the U.S. and Texas constitutions, all people receive due process. Among due process is the opportunity for awareness of claims brought against you in a court of law. To satisfy due process, the federal and Texas rules of civil procedure require a party sued to receive service of process. Lawyers generally take care of this process
What happens when somebody evades service in a Texas divorce? Read More »
The purpose of a judgment nunc pro tunc is to correct a clerical error in the judgment after the court’s plenary power expired. A motion for judgment nunc pro tunc asks the court to correct the or der so the order matches the judgment. It does not allow a party to ask the court to
What is a judgment nunc pro tunc? Read More »
Yes, Texas requires a divorce to dissolve a common law marriage; but the question is not as simple as you might think. Texas recognizes a common law marriage or an informal marriage as equal to a formal marriage. It requires a divorce (or annulment or death) to dissolve the marriage. The Texas Family Code has
Do I need a divorce for my common law marriage in Texas? Read More »
With cold weather setting in its time for flu, colds and other short term illnesses and sick days from work. Some employers do not have a sick leave policy that allows the employees to take sick leave for minor illnesses. Other people work at an employer with sick leave but the employee exhausted leave under the employer’s
Can I use FMLA for normal sick days in Texas? Read More »
Under the Family and Medical Leave Act (FMLA), eligible employees of covered employers can request up to twelve weeks of medical leave within a one year period for a serious medical condition of the employee or a family member as well as the birth or adoption of the employee’s child. When the employee requests FMLA leave
Can my employer disagree with my doctor’s FMLA certification? Read More »
As a Texas divorce lawyer, I have written about dividing employer-sponsored retirement plans in a divorce through a qualified domestic relations order, or QDRO. These benefit plans are not the only retirement assets to divide in a Texas divorce. Individual Retirement Accounts, or IRAs, are also divisible in a divorce. A key misconception by many suffering through a
Dividing IRAs in a Dallas or Fort Worth Divorce Read More »
Working a job that regularly involves traveling is tough work. The very nature of the traveling requires you to disconnect from home and family. It’s an especially difficult for those with families. It’s not just the long hours, it’s the frequent, complete disconnect from your home. In addition to the struggles of traveling, there is also
Travel Pay for the Traveling Employee in Texas Read More »
With Christmas, New Years Eve and bowl games it’s the season where people throw parties and serve alcohol. Sometimes that means people will drink too much and get behind the wheel to drive home intoxicated. These intoxicated drivers are not only a risk to themselves but also a risk to passengers in other vehicles. In some states
Liability for over-serving alcohol to a guest in Texas? Read More »
If you believe you are the victim of employment discrimination then in most cases you need to file a complaint with the EEOC or Texas Workforce Commission Civil Rights Division. This complaint is known as a charge of discrimination. A charge of discrimination invokes the agency’s power to investigate your claims. If they find probable cause
Should I talk to an attorney before I go to the EEOC in Texas? Read More »
When an employee claims an employer created a hostile work environment that resulted in a prohibited form of unlawful employment discrimination the employee must prove, among other things, that the employee suffered an adverse employment action. It is not enough that the employer was hostile towards the employee or that the employee found the workplace unpleasant.
Constructive Discharge and Supervisor Conduct in Texas: Fort Worth retaliation lawyer Read More »
Many large and longstanding employers, like AT&T, General Motors, Hewlitt Packard and Bank of America, have defined benefit pension plans that offer retirement benefits more complicated in their benefit formula than a 401k plan where the participant receives the vested benefit on the distribution date. These defined benefit plans determine benefits out of a combination of service
AT&T Pension Benefits and QDROs in a Texas divorce Read More »
Personal injury protection coverage (often known as PIP coverage) is an optional piece of your automobile liability insurance. It provides no-fault coverage for bodily injury-related losses. In Texas, PIP is mandatory unless the covered individual (the insured) signs a waiver to waive PIP coverage. Personal Injury Protection coverage can be an effective tool in recovering
What is personal injury protection coverage in Texas? Read More »
This is a fairly common question I receive at my Texas law office from potential divorcees who feel trapped by their spouse because the spouse is adamant about remaining in the marriage for one reason or the other. At fault divorces in Texas Once upon a time in Texas a divorce could only occur for very
My spouse doesn’t want a Texas divorce but I do. What can I do? Read More »
Once upon a time I practiced a fair amount of family law in Texas where I assisted clients with divorces, child custody, child support, modifications and enforcements. I can say that the judges in family courts care a lot about the presence and appearance of the parties in front of them. Judges only see parents
How to prepare for family court in Texas Read More »
There are a lot of lawyers and non-lawyers offering services for cheap uncontested divorces in Texas. Many of these entities offering cheap uncontested divorces offer prices far below what most divorce attorneys charge. Truthfully, divorce attorneys in Texas often charge $250-400 per hour. Some partners at large law firms charge as much as $1000 per
Are you getting what you pay for with a cheap divorce in Texas? Read More »
One issue dividing retirement accounts in a Texas divorce is whether the division is on shared interest or separate interest. This issue is technical and can be a confusing aspect of dividing retirement plans in a divorce. Often this issue arises when the parties are determining the final language of the divorce decree and the
Shared Interest vs. Separate Interest in a QDRO Read More »
The Dallas Cowboys are having a pretty good season so far. I was at the Saints game where the Dallas Cowboys gave the Saints the same beat down the Saints treated the Cowboys to last year. Unfortunately, I’m a Jets fan and we are having a really rough go. This is shaping up to be
Texas comparative responsibility and car wrecks Read More »
Many people exit a divorce with children with the desire to balance the custody relationship so the parents split time with the children in a 50/50 custody arrangement. I have written several times about the risks involved in 50/50 child custody arrangements. As great as they are when they work, they are terrible for everybody
The importance of a well constructed 50/50 custody arrangement in a divorce in Texas Read More »
There is no guarantee of alimony or spousal maintenance in a Texas divorce. Texas, like many states, changed its family relations laws (our Texas Family Code) in recent decades to curb the power of family court judges in Fort Worth, Dallas, Houston, Austin and around other part of Texas, to grant any type of spousal