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 »