In a divorce proceeding, details and information are important; which is why discovery is part of the process. Issues like custody, child support, alimony and distribution of property can greatly affect the lives of everyone involved.
Information is important, both sides should be enlightened on the discovery.
What is Discovery?
Discovery simply refers to the acquisition of information pertinent to the case. If your lawyer needs information, he can send a request for discovery that he will use in the case.
Some of the details may be:
- Details on the children
- Property and financial status (includes the assets and liabilities)
- Any clarifications on the allegations in the proceedings
This is under the Texas Rules of Civil Procedure 194.
There are different types of discovery. Some of the more relevant types are:
Request for Admission
This request will require the parties to admit or deny the truth of certain statements. Respondents must respond within a certain time period, usually 30 days.
Sworn Inventory and Assessment
This pertains to a list of all the assets that the requested party can recall. After a party submits a list, they may be asked to assign a value to the listed assets.
This refers to a serious of questions addressed to the other party, requesting for detailed and truthful answers.
Questions include anything deemed important in the divorce proceedings:
- Details about the employment status amount of money in the bank accounts;
- Financial institutions wherein the party in question has money stored or invested.
This is not as limited as a list of assets and liabilities.
Request for Production and Inspection
This is one of the more sensitive discovery requests. It is a request for the other party to produce documents in order for the requesting party to inspect them. This could be bank documents, insurance plan details, investment documents, and even telephone records. One party can raise an objection if they feel that any requested document is irrelevant, or if the manner of the request was done improperly.