Going through a divorce in Texas means becoming familiar with the various stages of a case. Although individual situations may vary, most divorces last approximately 6 months. In Texas, there is a waiting period of 60 days from the date you file your divorce until the date that your divorce can be finalized by a judge. In other words, there is almost always a waiting period associated with the divorce. Depending upon the specific circumstances of your case you may find yourself waiting even longer for your divorce to conclude.
Looking forward to the end of a divorce is not only wishful thinking. Rather, understanding the basic timeline of the case can help you develop a game plan and goals. Specifically, your number one goal for the divorce should not be concluding the case as quickly as possible. By the same token, goals help you to identify what matters most to you and avoid protracted divorce cases. Additionally, by having goals and a timeline for your case you can serve the best interests of your family and children.
Today’s blog post from the Law Office of Bryan Fagan focuses on the discovery phase of your divorce. While not the most well-known phase of a divorce, discovery offers you and your spouse a unique opportunity to synthesize the issues in your case and drill down to what matters most. Any questions you have about the material contained in today’s blog post can be addressed to the attorneys with the Law Office of Bryan Fagan. We offer free-of-charge consultations six days a week in person, over the phone and via video.
Defining discovery in a Texas divorce
As the name indicates, discovery in a divorce means that you are in search of information. There are two main focuses of a divorce. The first relates to the division of community property. The second relates to issues regarding child custody. It makes sense, then, that the focus of a divorce discovery expedition is to collect information on these two areas. Understanding the arguments of your spouse helps you to prepare your case. May also help you to avoid the possibility of a trial. Keep in mind that trials tend to cost more and take longer to complete than a divorce that includes negotiation and mediation.
When you want something from another person common method to employ is simply asking him or her. However, it is the reality of many divorce cases that you cannot simply ask for information in every circumstance. Not every spouse is willing to share requested information in a divorce. What’s more, it may not be in that person’s best interest to share the information you are asking for. As a result, discovery acts to formally request information. Your spouse will then respond to your requests.
Understanding how to ask for and respond to discovery requests is important. Going through a divorce means playing by the rules of the Texas court system. Additionally, you need to be able to understand how to navigate the discovery process. Experienced family law attorneys can provide guidance in circumstances like this. Reaching out to the Law Office of Bryan Fagan is a great way to begin that search for knowledge. From there, working with our office during your divorce puts you in a position to take advantage of every opportunity you have to learn more about your case and that of your spouse.
How many different types of discovery requests are there?
The first discovery request that can be made is a request for admission. When you send a request for admission to your spouse you are asking him or her to admit or deny the truth of the question being asked. These requests are responded to under oath. Therefore, the responses are treated the same as if the person is on the witness stand in a courtroom. For instance, if you suspect that your spouse has been hiding money from you then this is a question you can ask in a request for admission. You could ask your spouse to admit or deny that he has been hiding income from you in a separate bank account.
Requests for production are a second type of discovery request in Texas. In a request for production, you are not asking for answers to questions. Rather, you are requesting that your spouse provide documentation. These documents may be financial and relate to bank accounts or retirement savings. In the alternative, your child may have educational needs that you have been kept in the dark about. You may ask your spouse to provide you with school documents that you otherwise have been unable to access.
Finally, interrogatories are a third type of discovery request. Interrogatories allow you to interrogate your spouse. Do you have questions about areas of your case? Has your spouse been unwilling to provide you with basic information to answer those questions? If so, then try submitting interrogatories upon him. Asking questions is an effective tool to gain insight into your spouse’s case. It may also allow you to learn more about what you should be asking for in terms of the division of the marital estate.
You can object to certain discovery requests
There are opportunities to not answer questions that your spouse asked of you. This is done by offering an objection to a discovery request. Objecting to discovery requests means that there is a legal basis for refusing to answer. The information being requested may be privileged in some way. The form of the question being asked may make the entire request objectionable. There are a handful of reasons to properly object to a request made during the discovery phase of your case.
Suppose that you have made what you believe to be a legitimate request for information in your divorce. However, your spouse has objected to the question. Your spouse must list their reason for objecting. However, that distill does not provide you with the information that you are seeking. Having an experienced family law attorney to help guide you during The discovery phase of your case helps a great deal. There is a certain degree of intricacy which is involved with the discovery process. Understanding how to object and respond to objections matters.
Discovery requests regarding the division of community property
The more you know when it comes to dividing property the better off you will be. Having to figure out how to divide up property in your divorce this challenging. Potentially making these decisions without all available information is a huge issue to be avoided. Ideally, you should have all the information available to you once you begin negotiating for final orders.
Discovery requests are a frequently utilized technique to gain this information. When you are without basic information related to finances you are at a significant disadvantage. Suppose that you are a stay-at-home spouse who only works within the home. On the other hand, your spouse is a successful business owner. However, your spouse does not share any information about the business with you. To be fair, you don’t ask him much about the business, either. That said, there is still a great deal about the business that you do not know.
Trying to figure out a value for your marital estate without understanding the basics of this business is a major mistake. Rightfully, our client was not willing to take her husband at his word. He believed this situation could be sorted through with relative ease. He offered to let her keep the family home and all the equity within it. Even still, understanding the totality of the business’s value was necessary. Eventually, the requested information was received via the discovery process.
How can child custody issues be assisted with the discovery process?
Child custody issues are the most important for any parent going through a divorce. When we talk about child custody, we are referencing a subject that has to do with the time, rights, and duties that you have concerning your children. Additionally, even a subject like child support is relevant when we talk about childcare studies. All these subjects relate to one another. On top of that, all of these subjects are also critically important to the well-being of your child. When you need to find out more information about your case then discovery can be a huge help.
Understanding what your spouse’s plans are for your child moving forward will determine in large part how subjects related to child custody are determined in the case. Not only your vision for your child’s future but also your history is apparent are relevant. The court must look backward but also forward when answering conservatorship questions. As a result, it is helpful for you to understand where your spouses coming from when it comes to child custody. The better you can prepare for your spouse’s arguments the more successful you are likely to be.
Avoiding mistakes in a divorce
At the end of the day, one of the most critical mistakes you can make as a parent is to assume that you will always be able to come back and make changes to your custody arrangements in the future. Why all this is possible it should not be assumed that it is definite that you will be able to. For a modification to occur in the future a material and substantial change in circumstances would need to be seen. Short of this, you are not going to be able to modify any child custody arrangement. Rather, it is a better idea to negotiate to the best of your ability during your divorce with as much information as possible.
Spousal maintenance and discovery
Post-divorce spousal support is known as spousal maintenance in Texas. Spousal maintenance is not easy to win in Texas. First, spousal maintenance cannot be agreed to between spouses. Rather, you must have spousal maintenance ordered by a court after a trial. Going to trial and presenting successful arguments to a judge is not easy, either. As a result, you must be prepared to come in with sufficient information that guides and strengthens your arguments.
If you plan on asking for spousal maintenance in the course of your divorce then you need to be prepared. Your spouse will most likely not be incredibly forthcoming with information. As a result, you may need to ask for information via the discovery process. Pertinent information includes your spouse’s income, their household budget as well as other daily budget information. Their ability to pay spousal maintenance is just as critical as your need to receive the assistance.
Being unable to show that your spouse has the means to pay spousal maintenance eliminates your ability to receive this benefit. Not being able to make ends meet when it comes to your finances after a divorce can be an extremely scary situation. It is intimidating to find yourself unable to pay your bills or provide food for your children. Discovery requests can be the difference between receiving and not receiving spousal maintenance.
Being honest with your spouse requires accountability
When it comes to your divorce case you and your spouse must hold one another accountable. Yes, a judge is there to oversee the proceedings and make sure that each of you follows the rules. However, there is only so much a judge can do to keep you and your spouse honest with one another. On a day-to-day level, you and your spouse must agree to treat each other respectfully and to be transparent with one another when it comes to your finances. Otherwise, your case will be extremely difficult to manage. These are the divorce cases that tend to go to trial often.
When you are devoting so much of your time and attention to a subject you do not want to be fully invested while your spouse is less committed. This is an extremely disheartening circumstance. Your spouse may have a completely different idea than you of what being transparent and honest means. To make sure that the two of you are on the same page with your ideas regarding your case please make sure to consider the importance of discovery. When you are fully able to take advantage of discovery that means your spouse is much less likely to be on a different page than you. He or she may not like what you are requesting of him. However, at least your spouse can be sure of where you are coming from.
Discovery = Accountability
Using discovery as an accountability tool is reasonable. Many people who engage in a divorce never seem to get a solid idea of what their goals are. Many people do not even know where to begin when it comes to their case. The discovery process allows you to begin your case on solid footing. You would not be left in the cold when it comes to information or knowledge in your case. Rather, by utilizing the discovery process you may anticipate issues that would have otherwise held up your case from a settlement.
Final thoughts on the discovery period in a Texas divorce
Thank you for choosing to spend part of your day today with the attorneys at the Law Office of Bryan Fagan. Our attorneys want you to know that we work efficiently and proactively on behalf of our clients. We do not waste time in a divorce. We understand how precious your time, money, and family are to you. As a result, we work tirelessly to advocate for the interests of our clients. By choosing to work alongside our attorneys you can know that your family and their interests are going to be protected.
The discovery process allows you and your family to learn more about your case. This is not about hiding information or otherwise trying to gain an unfair advantage. Rather, discovery is all about fairness and planning. We understand that you likely have many concerns heading into your case. Why not attempt to alleviate as many of those as possible? By working efficiently within the discovery process you can gain a better understanding of your case and where it is going from here.
Then, the attorneys with the Law Office of Bryan Fagan have the experience and know-how that you need to proceed confidently in a family law case. We know how to use the law to the advantage of our clients. Interested in learning more about our office and the way that we serve our clients? Reach out to us today. A free-of-charge consultation is only a phone call away.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
