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Understanding discovery in the divorce process

On Behalf of | Nov 16, 2021 | Family Law |

In a Texas divorce, people are prone to focusing on their own concerns, including child custody, child support, spousal maintenance, visitation (also called possession) and property division. However, there are fundamental aspects of a case that should not be ignored. That includes the discovery process.

Key facts about discovery in a divorce

When the divorce process starts, information must be exchanged through discovery. During discovery, the details of the marriage will be shared. One spouse will ask the other to produce documentation of separate property, income and more to provide a foundation as to how the various issues will be addressed. If a document is connected to the divorce, then the other spouse generally has the right to see it.

Requests for admission and interrogatories are also part of discovery. Interrogatories can be a form with questions about facts related to the marriage and why spousal demands should be met. There can be questions that go beyond the form and are specific to the marriage, like asking about a parent’s relationship with his or her children and income disparities. Requests for information are infrequent, but if used, they can ask the person to acknowledge or deny the other spouse’s allegations. Depositions may also be held, during which the person is under oath and responds to questions regarding the divorce proceedings.

Vital points to remember with discovery

With discovery, it is essential to remember the importance of providing all the information as requested. If anything is hidden, it will likely be found out. Failing to disclose information can cause disfavor with the judge and make the attorney’s job harder. For this and additional considerations, it is beneficial to have a full grasp of all the elements of the divorce process and have professional assistance from the outset.