Types of Discovery in a Texas Divorce

 Posted on December 27, 2024 in Divorce

Discovery is the process that permits each party in a divorce to obtain pertinent information from the other spouse. This information is often in the form of financial documents so that the marital assets can be split fairly between the spouses. The divorce discovery process can sometimes be brutal for all those involved. Spouses in the middle of a divorce – especially a contentious one – may be resistant to providing discovery documents.

Other times, the documents may be difficult to locate for either or both spouses. Depending on the complexity of the divorce, discovery can take weeks or even months to complete. If you are facing a divorce and are wondering about an aspect of the discovery process, a Fort Worth, TX divorce lawyer can help.   

What Forms Can Discovery Take?

Discovery can include any of the following:

• Depositions
• Interrogatories
• Disclosure
• Production
• Inspection
• Requests for production of documents
• Depositions
• Subpoenas

Disclosure requests are usually made by the person filing for divorce – the petitioner. If a disclosure request is made in this manner, the respondent is given 50 days to respond to these requests. (This is a separate issue from responding to the petition itself, which is 21 days). In some cases, the disclosure request could come later, separately from the petition. In that case, the respondent has 30 days to respond.

Production and inspection requests, interrogatories, and admissions are usually sent after the original petition for divorce is filed. These are also usually due 30 days after receipt. A production and inspection request usually consists of questions about documents and information, both physical and electronic.

Interrogatories are questions that ask general questions about the case and can only contain 25 questions. Questions in interrogatories gather information related to finances, employment, the marital relationship, or the marital residence. Admissions are usually yes/no questions, although the format may be one that encourages those answering the admission to say more than yes or no.

Any answer other than yes or no can result in the other side being given additional interrogatory questions. A request for the production of documents may ask for financial records, tax records, mandatory financial affidavits, custody-related materials, or real estate documents. A subpoena compels a person to furnish documents or evidence or to appear in person and testify.

A deposition is an oral discovery requiring formal, in-person meetings with lawyers and a court reporter. A written transcript will be made and will become part of the divorce record. Depositions are often used to find discrepancies in a person’s testimony. Having all financial information organized can make the discovery process much easier.

How Uncooperative Spouses and Hidden Assets Can Make Discovery More Difficult

If one spouse is attempting to conceal assets or just being uncooperative in general, it can make the discovery process much more difficult. A judge can issue a court order to compel one spouse’s compliance, while a Motion to Bar Evidence will ask the court to keep the other party from presenting specific evidence. Divorce attorneys are usually extremely good at ensuring the other party provides requested documents during discovery. Hidden assets, on the other hand, may require a forensic accountant to locate and identify the assets.  

Contact a Fort Worth, TX Divorce Lawyer

Divorce is often challenging, even under the best of circumstances. Having a compassionate, experienced Fort Worth, TX divorce attorney from The Law Office of J. Kevin Clark P.C. can make all the difference in the outcome of your divorce. When you choose our law firm, you will have a strong legal advocate who is highly qualified to guide you through the divorce process. We have a special focus on divorce from narcissistic spouses and are well-versed in complex property disputes. Call 817-348-6723 to schedule your free consultation.