Discovery is the part of a divorce proceeding when the clients of family divorce attorneys must exchange certain documents as evidence in their divorce case.
Texas Rules of Civil Procedure dictate that both spouses and their family divorce lawyers must produce these documents and exchange them so that both sides have an accurate representation of the different matters that will affect the decision-making process.
What Documents Will Be Needed?
The family court in Texas gives spouses 30 days in which to present their documents during the discovery process, though the process of working through those documents once received can take longer.
Noting this, those working with a family divorce law firm to get their divorce approved should expect to be asked for these documents and start preparing them early to keep the process moving forward.
- Financial Records - This includes income statements, tax documents, bank records, credit card statements, investment and retirement account statements, and any other financial records that can prove a person’s income amount.
- Insurance Records - All statements of insurance, including health and personal insurance, auto, home, property, and life insurance, must be submitted to family divorce attorneys for exchange.
- Owned Property Documents - Property deeds, mortgage documents, vehicle titles, and ownership titles for any other property must also be submitted via the representing family divorce law firm.
- Personal Records and Documents of Children - Health insurance documents pertaining to children in the family are included in the discovery process and should be turned over to family divorce lawyers for exchange.
- Persons with Knowledge - A list of individuals who are aware that the divorce is happening and might have information important to the divorce or child custody case as well as their contact information is also required. This might include family members, neighbors, friends, doctors, co-workers, accountants, financial advisors, counselors, and others.
Why Are Such Records Needed In A Divorce Case?
The purpose of turning over these documents during the discovery phase of a divorce is to allow both spouses and their family divorce attorneys to see an accurate representation of things like income, debt, marital property, and other topics of importance that will come up during divorce and custody proceedings.
In the event that there are documents that cannot be located in time, spouses must still document the information or existence of relevant property as well as an explanation of the efforts taken to locate those documents.
Spouses who fail to turn over the required documents through their family divorce law firm during discovery can be sanctioned by the court by being held in contempt, being made to pay the other spouse’s legal fees, receiving lesser consideration by the court, or all of these things.
Adding It All Up
The best recommendation when dealing with discovery is for spouses to work closely with their trusted family divorce lawyer to locate all required documents and present them in the required time.
This will prevent conflicts and keep the proceedings moving forward in an effort to create the fairest divorce agreement to present to the court for approval.