Discovery in Divorce Actions
Texas divorces can be contentious and complicated, as parties may disagree regarding the value of assets, property ownership, what caused the demise of the relationship, and other important issues. As such, parties in divorce actions will often seek information and evidence that supports their respective positions via the discovery process. Discovery is a vital component of ensuring transparency and equity in divorce actions, and people that refuse to participate in the discovery process may unwittingly impair their rights. If you want to end your marriage, it is smart to speak to an attorney about discovery in divorce actions. The seasoned Dallas divorce attorneys of McClure Law Group are adept at helping people navigate dissolution proceedings, and if we represent you, we will seek the evidence needed to help you pursue a favorable resolution.Types of Discovery in Divorce Actions
Discovery is a process through which parties seek information, documents, and evidence relevant to their case. In Texas, several methods of discovery can be utilized in divorce actions. One often used form of discovery, interrogatories, involve written questions exchanged between the parties. The information sought through interrogatories will depend on the facts of the case. It is not uncommon for spouses to request information regarding finances, such as account information and details regarding property ownership, debts, and income. In actions in which there are accusations of infidelity or abuse, they may request information from social media accounts, phone records, and copies of text messages.
Another frequently employed method of discovery, requests for production, allows parties to request the production of documents and records that are pertinent to their arguments. These documents may include bank statements, tax returns, employment records, real estate deeds, and any other evidence that sheds light on the financial aspects or other disputed issues in the case.
It is important to note that any interrogatories and requests for production must be carefully crafted so that they will compel the information sought; if they are overly broad, they may face objections, while if they are too narrow, key evidence may be overlooked.
In some cases, parties will conduct depositions, which is when an attorney questions a party or witness under oath. Depositions allow parties to explore issues in an in-depth manner, determine if additional written discovery is necessary, and assess the credibility of witnesses. Parties can also utilize requests for admissions in the discovery process. Essentially, this involves requesting the other party to admit or deny specific facts related to the divorce case. Admissions can streamline the divorce process by eliminating the need to prove uncontested facts.
In Texas, the discovery process is governed by the Texas Rules of Civil Procedure. These rules outline the procedures and guidelines for conducting discovery, including establishing when responses are due, what information is discoverable, and what sanctions may be imposed on parties that fail to respond to discovery requests.Benefits of Discovery in Divorce Actions
Discovery serves several important purposes in divorce actions. First, it allows the parties to gather evidence to support their claims or defenses, which ultimately promotes fairness, as it allows the courts to assess each case based on what the parties set forth as accurate information. It also aims to increase candidness by preventing one party from hiding assets or withholding information that could impact the divorce settlement.
Discovery can also facilitate settlement negotiations between the parties. After gaining a comprehensive view of their mutual assets, liabilities, and the strengths and weaknesses of their respective positions via discovery, parties are better equipped to have informed and productive settlement discussions.Speak to an Experienced Dallas Attorney
Discovery is a fundamental aspect of divorce actions in Texas, as it promotes a fair and efficient resolution of disputed issues. If you are considering ending your marriage or were recently served with divorce papers, it is wise to consult an attorney to discuss your options. The experienced Dallas lawyers of McClure Law Group can advise you of your rights and aid you in pursuing the best outcome possible under the facts of your case. Our main office is in Dallas, and we can meet clients for appointments at our Collin-County office in Plano. We regularly represent parties in divorce matters in Dallas, Fort Worth, Rockwall, Frisco, McKinney, Irving, Richardson, and Garland. We also represent parties in family-law matters in cities in Dallas, Collin, Denton, Rockwall, Tarrant, and Grayson Counties. You can reach us by calling 214.692.8200 or using our form online to set up a confidential meeting.