Discovery in divorce and family law cases

Discovery in divorce and family law cases

Discovery in divorce and family law cases

The Barrows Firm monthly review podcast is all about Texas divorce and family law. This month Leslie Barrows talks to us about the discovery process and what to expect in a typical divorce and family law case. The discovery process of investigating information, is important in the process of evaluating the party’s positions, negotiating agreements and settling or litigating a divorce in court.

 

What can I expect in the discovery process in a divorce?

  • Purpose of discovery
    • What is the in the marital estate?
    • How will people prove their allegations?
    • Parenting, custody and support issues.
  • Form of discovery questions and answers
    • Written discovery requests
    • Oral testimony
    • Subpoena for records
  • What to expect in a deposition
    • Who may be deposed and why
    • Answering deposition questions
    • Video recordings and transcripts
  • Discovery information and trial preparation
    • Using discovery at hearing and final trials
    • When does the discovery window close?
    • Consistency of statements and credibility

In this podcast, Leslie explains how discovery is used in contested divorces where the parties do not agree on everything. To be able to negotiate agreements and settle issues, both spouses need to know what they have to work with moving forward in the divorce.

Podcast highlights about the discovery process in divorce:

In a typical divorce, the opposing parties send each other discovery requests. The main purpose of discovery is to collect the necessary facts and information to calculate the value of the marital estate and to identify evidence that may be used in the case.

Discovery is useful in finding information that can be used as evidence to prove claims of adultery, wasting of the marital estate, complex business and financial holdings, and discovery is especially useful in child custody matters.

Some common written discovery documents can include requests for production of documents such as texts and emails. Interrogatories are questions to be answered regarding issues in the divorce. A request for admissions is a list of statements to which the individual responds true or false within a limited amount of time.

Depositions are a form of oral discovery through which the opposing attorney deposes one of the parties or individuals named as a witness in the case, by asking them a variety of questions. A court reporter present at the deposition will make a record of everything said which is then produced in a written transcript.

To learn more about the discovery process and about Texas divorce and family law issues, please review the library of content on The Barrows Firm website and contact us online or call (817) 481-1583 for more information and to make an appointment today.

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