The divorce process is broken down into different parts. A standard divorce is approximately six months in duration on average. At a minimum, you should expect your divorce to take at least 60 days. By law, that is the minimum length of time your divorce can last from the date it is filed until its completion. Your divorce time length may vary. However, to approach the divorce with a general timeline in mind is smart. You are better able to approach the divorce with expectations in mind. From there you can gain an insight into goal setting.
When it comes to overlooked phases of a divorce, the discovery phase is among the least discussed. The beginning of a divorce garners a great deal of attention. So, too, does the end of a divorce. Right in the middle is the discovery phase of a divorce case. Although it does not garner as much attention it is still crucial for your success and that of your family. Being able to understand what is expected of you during this phase is important to your overall case. Additionally, having a plan for how to manage the information-gathering process is also crucial to your success.
In today’s blog post from the Law Office of Bryan Fagan, we will discuss how to approach the discovery phase of your case. If you have any questions about the material, you read in this blog post please do not hesitate to reach out to the Law Office of Bryan Fagan. We offer free-of-charge consultations in person, over the phone, and via video.
What is discovery in a divorce case?
As you may have guessed, discovery in a legal sense means looking for something. The information that you are looking for relates to your children or marital property division. Those are the two major areas of a divorce case. From there, you are better able to prepare for your case. You can also better understand the case of your spouse. This assists you in not only looking forward to a possible trial but also getting ready for mediation. The better the information that you collect the more well-rounded your knowledge will be.
In a perfect world, you could simply ask your spouse for information, and he would provide it to you. However, we all know that we do not live in a perfect world. Rather, your spouse may try to hide information from you. That doesn’t mean that he is violating any kind of rules or is being unethical. Rather, there is a certain amount of gamesmanship that takes place in a divorce. Whatever you can ethically do to prevent your opponent from receiving pertinent information should be pursued. It is expected that you would do the same in return.
With that said, discovery allows you to present formal requests for information to your spouse. Bearing in mind That you will likely have many questions for your spouse there are limits to the number of questions you can ask. Additionally, there are certain limitations in place as far as what kind of documentation you can request from your spouse. All in all, there are techniques and tools you can use to help you more efficiently request and receive information. Working with an experienced family law attorney is a great way to help you learn more about that process.
What are the different types of discovery in a Texas divorce?
Let’s walk through a rundown of the types of discovery requests. First, we can consider requests for admission. Requests for admission are asking your spouse to admit or deny certain premises laid out to him or her. For instance, if you suspected that your spouse was having an affair that would be a question you could ask. Specifically, asking him to admit or deny that he is having an affair with their person. His statement is treated as being under oath and can be used in a trial setting if he is inconsistent or dishonest.
Next are interrogatories. Interrogatories are written questions sent by one party to another as part of discovery. Interrogatories are a great tool if you have specific questions that you would like answered before a trial. These are usually basic questions about information that may seem straightforward. However, some questions can be used to gather information that can help you prepare for a trial. Specifically, you can ask questions that you believe your spouse has been dishonest about.
Another type of discovery is requests for production. Rather than asking for information, requests for production involve you asking your spouse to provide you with specific documents related to the divorce. These could be financial documents or paperwork related to your child’s school. If you expect to not regain entry to your family home during the divorce, then a request for production may be the only way for you to obtain important documents.
Objecting to discovery requests
It is not a given that every question or request you make in discovery must be answered. Rather, there are ways to object to or simply not provide answers to these questions or requests. Objecting to discovery requests is not an easy process. Possessing an understanding of the proper objections to make and how to respond comes with experience.
Property division
When it comes to dividing property in a divorce, knowledge is power. Having the ability to approach this subject to property division with specific information in mind is important. Imagine a situation where you are a well-meaning spouse who is going through a divorce. Your husband owns a small business. While you can spend money on behalf of your family you do not know the inner workings of the business. The value of the business, what the business does, and any liabilities associated with the business. These are all examples of attributes that you have little to no knowledge of.
As we referenced a moment ago, you may be able to reach out to your spouse to determine whether you can obtain information directly from him about the small business. In certain circumstances, he may be willing to provide that information to you. However, the extent to which you will be willing to provide the information to you Is up in the air. On top of that, you have no idea how forthcoming he will be when it comes to receiving that information.
All in all, this is not a subject you can afford to receive partial information regarding. Rather, being able to feel confident that you have the specific knowledge you need to move forward is critical. Nobody wants to find themselves in a position where they do not know the essentials of their marital estate.
A real-life situation involving discovery and marital property division
In a recent divorce, the Law Office of Bryan Fagan Was serving a mother of two children. This was a well-meaning and honest individual. She was a mother and wife who did not work but did have an understanding that something wasn’t quite right at home. Amid a divorce, she came to our office to discuss her case with one of our attorneys. To that point, she and her husband did not seek out attorneys. Rather, they were both unrepresented in going about the divorce together. Everything was going OK until the subject of his small business arose.
Our client had an understanding that the business was relevant to the community property division in the divorce. What she did not understand was the full extent of that reality. On top of that, she had no access to any information on the business. She just had a general understanding of how much money was contained in a bank account in which she paid bills. Otherwise, she had no specific information about the finances of her husband’s company.
She asked her husband for information about the business. In truth, her intuition and common sense on the subject were very good. She asked questions about the value of the business, its liabilities, and things of this nature. However, he would continually delay or outright deny her access to the information. As a result, she sought representation from our office. Basic discovery requests allowed her access to the information she needed to proceed. All of this was available through discovery. Working with our experienced attorneys allowed her the peace of mind necessary to complete her divorce.
Child custody issues
If you have minor children in your life then if she’s related to marital property is the most important in your entire case. Child custody generally refers to subjects as diverse as conservatorship, visitation cola possession, and even child support. Depending upon the circumstances of your case you may need to ask questions of your spouse regarding their intentions in child custody. For instance, suppose that you and your spouse are both asking to become primary conservators of your children. This means that you both are in direct competition to become the parent who oversees the daily habits of your children. In a situation like this, it is normal to need information to build your case. What can you do if your spouse is unwilling to provide you with this information?
This is where the discovery process steps in. You may be asking legitimate questions about your spouse’s plans for the future. What if your spouse intends to move with the children immediately after the divorce? It would be nice to know that information now so you can plan your case. In that event, creating a geographic restriction or negotiating to make sure that the children do not move outside the area would be important. This is all information that can be learned from basic discovery requests done right.
When it comes to your children in a divorce you do not want to take anything for granted. Many times, parents in your position will assume that they can always come back in a few years and modify their divorce decree. However, this is not something that you should plan on. Rather, you should take full advantage of the time and opportunity presented to you now. The better prepared you are, the better off your child will be. Ultimately, making decisions that are in the best interests of your child is what matters in the case.
Spousal maintenance
Another subject that is aided by property discovery is that of spousal maintenance. Spousal maintenance in Texas is post-divorce spousal support. It is not something that can be negotiated in the divorce. Rather, being awarded spousal maintenance means that you and your spouse would have attended a trial. There is nothing necessarily wrong with going to trial and asking a judge to award you spousal maintenance. However, it does take some degree of planning to do this, and is not something that you should approach with a cavalier attitude.
Judges are hesitant to award spousal maintenance in situations unless it is necessary. You need to be able to show the court that you lack the financial wherewithal to survive financially after the divorce. Additionally, there needs to be an ability to pay on the part of your spouse. If your spouse is continually denying that he has the financial means to afford special maintenance, then it behooves you to address this subject with him. When he is being less than forthcoming with his finances you need to take the next step.
A simple discovery request regarding his income, liabilities, and other assets can all be discovered. Crafting appropriate questions geared towards your ultimate goals is how to accomplish your necessary objectives in a divorce. These are subjects that can greatly diminish or increase your quality of life after a divorce. The outcome for your case depends in large part on your preparation and your diligence in the discovery process.
Transparency is important in a divorce case
Ultimately, discovery is important because it promotes transparency in your case. When spouses like yourselves are transparent with one another that means you are willing to work alongside the other person to do what is right in your case. When you and your spouse are willing to set aside your differences and work with the other person that is a tremendous sign for the future success of your case. Many divorces end up experiencing problems when spouses refuse to work alongside one another in a collaborative environment. This allows for better understanding between parties.
Think about the case in terms of your children. Trying to negotiate a settlement regarding child custody issues takes a great deal of time. It also requires you and your spouse to work alongside one another to focus on the best interests of your children. Children who have parents who can work together and communicate through their difficulties tend to do better after a divorce. Transparency honesty and communication are our hallmarks of successful divorce cases. Many times, the discovery process fosters a sense of truthfulness and shared mission.
Even if transparency were to help you accomplish something in the short term it is never the case that it is a good long-term strategy. Hiding information from your spouse speaks to margin challenges in the relationship. Additionally, if you and your spouse are comfortable lying to each other right now then just think about your comfort level with dishonesty after a case ends. There is no end in sight when it comes to either of your abilities to be less than honest with the other person. Instead, use this time wisely and become advocates for the truth with one another. Utilize every tool available to you. This includes discovery.
Final thoughts on discovery in a Texas divorce
Of all the different phases of a Texas divorce, the discovery phase is one of the least discussed. However, I think we can safely say that through our discussion today, it has shown itself to be one of the most critical. You and your spouse have an opportunity to accomplish a great deal as far as the divorce process is concerned. Additionally, your willingness to work alongside one another during the discovery phase can encourage strength in your relationship moving forward. This is a good thing whether you have children.
Thank you for choosing to spend part of your day today with the Law Office of Bryan Fagan. Our experienced family law attorneys appreciate you taking the time to learn more about Texas family law. Our blog is a great resource if you are attempting to learn more about your divorce or other situations that may arise in your case. If you have any questions about our office or the material, you read today please reach out to us.
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.
