Fort Worth Divorce Discovery Process

In a contested divorce case, the process of discovery is required to collect information that pertains to the opposing party’s case. Discovery is used by divorce lawyers in Ft. Worth to gather information from each party and other sources like neighbors, friends, relatives, experts, banks, or employers. Information that is obtained through discovery may be used to make informed settlement decisions or to prepare for trial. There are several discovery tools that are commonly used by divorce lawyers in Ft. Worth to gather records and testimony.

Divorce discovery limitations are based upon Rule 190 of the Texas Rules of Civil Procedure:

Discovery period. All discovery must be conducted during the discovery period, which begins when suit is filed and continues until:

• 30 days before the date set for trial, in cases under the Family Code; or
• in other cases, the earlier of
  • 30 days before the date set for trial, or
  • Nine months after the earlier of the date of the first oral deposition or the due date of the first response to written discovery.

Total time for oral depositions. Each side may have no more than 50 hours in oral depositions to examine and cross-examine parties on the opposing side, experts designated by those parties, and persons who are subject to those parties' control. "Side" refers to all the litigants with generally common interests in the litigation. If one side designates more than two experts, the opposing side may have an additional six hours of total deposition time for each additional expert designated. The court may modify the deposition hours and must do so when a side or party would be given unfair advantage.

Interrogatories. Any party may serve on any other party no more than 25 written interrogatories, excluding interrogatories asking a party only to identify or authenticate specific documents. Each discrete subpart of an interrogatory is considered a separate interrogatory.

Your divorce lawyer in Ft. Worth will request disclosure of certain information from the other spouse. According to Rule 194 of the Texas Rules of Civil Procedure, "a party may obtain disclosure from another party of the information or material listed in Rule 194.2 by serving the other party - no later than 30 days before the end of any applicable discovery period.""

Discovery by your divorce lawyer in Ft. Worth involves every asset and debt a person owns. This may include, but is not limited to:

• Bank statements checking and savings accounts, mutual funds and money market accounts;
• Real estate records, including property deeds on second homes and unimproved land;
• personal property, such as automobiles, furnishings, collections;
• Stocks, bonds, annuities, retirement plans, including pensions and profit sharing;
• Accrued vacation time, medical savings accounts, and life insurance;
• Debt, such as, credit card records, mortgages, vehicle loans, home equity loans, promissory notes, student loans and other debt.

Releases are legal documents that are commonly used by divorce lawyers in Ft. Worth when spouses do not have copies of necessary information. A release authorizes a third party to produce documents and records to you, your spouse, your Fort Worth divorce lawyers or any other designated recipient. However, when a spouse refuses to sign a Release, Subpoenas are used to obtain information and testimony from a third party. Subpoenas are legal documents that order a witness to appear or a custodian of records to produce information at a scheduled date and time.

Rule 205.1 of the Texas Rules of Civil Procedure states:

• Any person that receives a Subpoena must comply unless a valid legal excuse exists. A party may compel discovery from a nonparty--that is, a person who is not a party or subject to a party's control--only by obtaining a court order under Rules 196.7, 202, or 204, or by serving a subpoena compelling:
  • an oral deposition;
  • a deposition on written questions;
  • a request for production of documents or tangible things, pursuant to Rule 199.2(b)(5) or Rule 200.1(b), served with a notice of deposition on oral examination or written questions; and
  • a request for production of documents and tangible things under this rule.

Interrogatories are lists of questions that each spouse sends the other, which have been drafted by each party’s divorce lawyer in Ft. Worth and which must be answered under oath. In Texas, both sides are limited to 25 questions. The divorce lawyers will go over the interrogatory answers, and then interview the spouses and other people who have relevant information. These interviews are conducted at what is called a deposition. Depositions are sworn testimony taken under oath in the presence of a court reporter who records the entire exchange.

Sample Deposition Questions:

• Where did you travel on March 10, 2008?
• What was the purpose of your March 10, 2008 trip to Vail, Colorado?
• With whom did you travel?
• Where did you stay?
• Isn't it true that you purchased a condo on your March 10, 2008 trip?