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Thomas James Daley
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Thomas Daley’s Legal Guides

38 total

  • Texas Family Law: Service of Process

    Filing the Law Suit The first step in a family law case is to draft your pleadings and then file your lawsuit. When you file your lawsuit, bring at least four copies to the courthouse. The district c

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  • Texas Family Law: Child Support

    What is Child Support? Child Support is the name given to payments made by one parent to another parent (or to the State of Texas) for the support of their children. The Court must order that child s

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  • Texas Family Law: How to Compute Guideline Child Support

    Start with Total Resources The first step is to compute total resources. For most people, that is easy: It's simply your gross income that you earn each month from your job, or 100% of all wage and s

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  • Spousal Maintenance Awarded on Wife's Testimony

    What Constitutes Sufficient Evidence to Support an Award of Spousal Maintenance? The Texas Family Code provides a list of factors the court can consider and a few elements that must be satisfied. One combination is to have been married for at least 10 years and be disabled ...

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  • Lose the Case but Win Attorney's Fees

    When you win a case, you expect to be awarded attorney's fees. That's not always or even often very realistic, but that's a topic for a different case. You certainly don't expect to be awarded fees if you lose a case, even though case law provides that the non-prevailing part...

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  • Six Sources of Free Legal Forms

    Forms purchased on-line or at the bookstore are very often a bad investment. They tend to be inaccurate, incomplete, and provide useless instructions for filling them out and filing them with the court. (See my post on that topic.) Before you purchase a form from some fee-for-...

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  • Beware of Forms Purchased Online

    Be careful in using forms from fee-for-service forms providers and document assembly services. Not all, but nearly all pleadings drafted or sold by these services violate Texas Rule of Civil Procedure 190 in their first paragraph and dont get muchbetter from there. Of course,...

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  • Non-US Divorce Not Subject to Domestication

    SANCHEZ v. PALAU No. 01-08-00648-CV Court of Appeals of Texas, First District, Houston. June 10, 2010 This case is all about timelines. To make it easier to follow, I've organized all the proceedings chronologically in the tables below. Timeline 10/23/1950 Sanchez and Pal...

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  • Death of Spouse While Divorce Pending

    POLLARD v. POLLARD No. 05-08-01516-CV Court of Appeals of Texas, Fifth Distrct, Dallas. June 25, 2010 The Dallas court of appeals recently affirmed the notion that if two parties are not actually divorced at the time of the death of one of the parties, the parties are marrie...

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  • No Right to Equal Time with Child

    ROMERO v. ZAPIEN No. 13-07-00758-CV Court of Appeals of Texas, Thirteenth Distrct, Corpus Christi, Edinburg June 25, 2010 In a recent decision, the Texas Court of Appeals, Thrirteenth District, has reaffirmed many principals of family law as it pertains to child possession a...

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