divorce is filed, the opposing party has been served and in some cases a temporary
order in place, it's time for some
Discovery is a tool your
attorney can use to find evidence to present during your trial/hearing. Both sides
can, and most of the time, participate in the discovery process which
must be complete 60 days prior to the final trial in your case. This procedure
allows both sides to get the information they need to determine the size of the
community estate and to learn the position the other party will take on certain issues.
There are several types of
Discovery mechanisms. For instance,
written discovery can be divided into five different areas, and Oral discovery in the form
of a deposition, as well as, an
inventory and appraisements, and
Request for Disclosure: Usually consists of standard questions that are asked in every litigation.
You will be required to identify persons with information relevant to
the case, expert witnesses, legal contentions and economic damages.
Interrogatories: A set of written questions sent to the opposing party that require responses
about relevant issues, and limited to 25 questions.
Request for Production of Documents: Any document can be requested including documents relating to community
property, and/or separate property.
Request for Admission: Statements that the opposing party must either admit or deny and failure
to answer will result in the requests being deemed admitted.
This requires the party to list every asset they know about. It also requires
the party to list the asset as either
separate property, must be signed under oath, and helps facilitate the Proposed
Property Division. This document must be filed with the Court.
Oral discovery is what is also known as a deposition. This will provide
direct and cross examination of party and non-party witnesses taken under
oath before a duly sworn court reporter.
Under Texas law, the testimony taken by deposition can be presented to
the court as if the witness were testifying in person before the court.
This helps an
attorney in various ways including, narrows the testimony of the witness, narrows
the issues in the case, and always for impeachment evidence to challenge
their truthfulness at trial in the event a witness attempts to change
their story at the final trial.
Another tool, but not very common, is if the facts of a case warrant a
physical examination legally appropriate based on the facts, and upon a motion granted by the
Court a party can be Ordered to appear for a Mental/Physical Examination.
Although very time consuming, when done correctly and used appropriately,
can be one of the
most effective informational gathering tools in a divorce, child custody case, or in a modification of child custody.
If you want to know more about what you can do,
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“16 Steps to Help You Plan & Prepare for Your Texas Divorce”
Other Articles you may be interested in:
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- Discovery in Texas Divorce Cases
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- I Want a Texas Divorce but My Husband Doesn't: What can I do?
- Am I Married? - Marital Status in Texas
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- 6 Tips - On How to prepare for a Texas Divorce
- Roadmap of Basic Divorce Procedure in Texas
- 6 Mistakes that can Destroy Your Texas Divorce Case
Law Office of Bryan Fagan | Spring Divorce Attorneys
The Law Office of Bryan Fagan routinely handles matters that affect children
and families. If you have questions regarding
divorce, it's important to speak with one of our
Spring, TX Divorce Attorneys right away to protect your rights.
divorce attorneys in Spring TX are skilled at listening to your goals during this trying process and
developing a strategy to meet those goals.
Contact Law Office of Bryan Fagan by calling (281) 810-9760 or submit your contact information in our online
form. The Law Office of Bryan Fagan handles
Divorce cases in Spring, Texas,
The Woodlands, the FM 1960 area, or surrounding areas, including
Fort Bend County and