Houston Issues Divorce Discovery

The Types of Discovery

Depending on the circumstances and resources in the case our lawyers use any one of five different types of discovery requests. Each type has differing uses and will depend on the nature of the information being sought.

The types of discovery used in Texas include:

• Requests for Disclosure. These are common basic requests for essential information relevant to the case, including all legal names and addresses of the parties involved in the case. This can also include requests to identify any witnesses that may be called in the trial.
• Requests for Production and Inspection. If you and your legal team suspect something amiss with the valuation of a marital property asset, you may request to review evidence documenting that particular asset. This can include documents detailing bank accounts, mortgage agreements, or insurance policies. Legal teams can also sometimes request personal information, including phone records, when looking to establish grounds for divorce.
• Requests for Admissions. This method is meant to establish basic foundational facts of a case. The receiving party will have a window of time to “admit” or “deny” that a statement provided by a legal team is true. A nonresponse is typically considered an admission.
• Sworn Inventories and Appraisements. A large part of discovery is determining the scope of a marital estate. To that end, this type of request mandates that the receiving party inventory and assign a value to all property that they own and are aware of. They must also state whether they believe the property is separate – meaning it is exclusively theirs and will not be divided in litigation – or martial, meaning it is subject to the state’s community property rules.
• Interrogatories. This type of request consists of a series of targeted inquiries on a specific matter relevant to the divorce. It is often strategically used to identify financial assets and holdings.

Responding to Discovery Requests in Texas

The discovery process works both ways. You may be able to attain information critical to building your case through discovery, but your ex-spouse’s legal team will likely have requests of their own. How you respond will likely substantially impact ensuing divorce litigation, and a failure to comply can jeopardize your ability to protect your interests.

Our Houston divorce attorneys can assist you in efficiently responding to requests of all types. We are familiar with all types of discovery and can work with you to develop strategically advantageous answers. After reviewing the full scope of your case, we can also help you proactively prepare for requests you are likely to receive.