Thursday, September 10, 2020

The importance of having all of the Information for a Case

 It is vital for a party to have all of the information to make an informed decision in terms of trying or settling their case.  In particular, any divorce or family law matter it is important to have information on a variety of topics.

For example, a marital property and debt in a divorce; a party must have all documentation to show the value of all marital property and debt. This documentation can involve having recent account statements from a litany of sources, including bank accounts, retirement accounts, mortgage, car notes, credit cards, etc. Without this information, it can be challenging for a party to make an informed decision in terms of whether to settle or try their divorce matter.

All of the necessary tax returns including the attachments will be necessary to do calculations regarding child support or spousal support.  This can be complicated because child support and spousal support often involve inputting income figures into calculations to come up with figures for child or spousal support.  Even titles of vehicles are critically important when trying to resolve a divorce.  At trial, or in settlement paperwork, the legal description of vehicle identification number are needed.

To gather this information, many wonder whether discovery can be completed informally.  The answer is yes.  However, in many cases, informal discovery is just not possible. The litigation can become too acrimonious. Sometimes, the stakes are too high or the positions of the parties can become too adverse. In these cases, parties often have to issue discovery like requests for production, interrogatories or subpoenas to get the information they need.  Otherwise, a party can be in a position where they do not have the information to decide whether to settle their divorce or family law matter. Further, if the case goes to trial, many can become hamstrung in terms of having the information to present their case.

Ultimately, if discovery can be done informally, this can be positive for a case. It can save time and lawyers’ fees. But where informal discovery cannot be done, it can be imperative for a party to issue the necessary discovery to ensure that they can prepare their case adequately for settlement or trial.

Having an attorney with the resources and knowledge to give you the best representation is vital to your interest and the interest of your family.  You also want to make sure they will exhaust all avenues and be willing to research, pursue and implement strategies to provide the best possible outcome.

Rob McAngus, Partner with Verner Brumley Parker, P.C., is Board Certified in family Law and his practice is devoted primarily to family law, including high conflict divorce, custody cases, and complex property issues. In addition to being selected on the Board of Directors for the Family Law Section of the Dallas Bar Association; he values your priorities as a parent and works with you to achieve the goals that will help transition your family to a new normal.  As both an adopted child and a member of a blended family, Rob can provide a unique perspective in the practice of family law.

Rob has been recognized in Super Lawyers as a Rising Star in 2016 through 2020, Best Lawyers, and recently The National Advocates recognized Rob as one of the Top 40 Under 40.  He can be reached by calling 214.526.5234 or email at rmcangus@vernerbrumley.com.  Mr. McAngus received his bachelor’s degree cum laude and master’s degree from Baylor University and graduated cum laude from the Dedman School of Law at Southern Methodist University.


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