Discovery: Why It Matters

 Divorce and family law matters involve civil litigation in the family court. However, many are unsure what the purpose of discovery may be in divorce and family law litigation.

 

Some clients may not see the purpose behind it and many clients do not want to pay the expenses involved in conducting discovery in their family law case. On top of all this, the forms of discovery can be confusing to the client.

 

Conducting discovery is necessary to prepare for trial because it gives the client an idea of what the other party is going to say, what documents they are going to show the Court, and what witnesses they might have testify on their behalf.

 

Pleadings or Motions Dictate

 

Just like regular “civil” cases, the parties file petitions or motions in a family law case. As part of the petitions or motions, a party makes various allegations.

 

For example, a party may request that they be the parent who makes all the decisions for the children and that they have the children a majority of the time. As part of their petition, that party will often state the reasons or allegations that support their request.

 

In theory, a party could go to court without requesting any of the documents or evidence to substantiate the allegations. A party could save their money and take their chances. But this is not a wise course of action in almost any type of litigation, including divorce and family law litigation.

 

Types of Discovery

 

Hiring a seasoned family law attorney is imperative in a contentious case. An experienced attorney will know the various types of discovery that are necessary to prepare their client for trial.

 

Interrogatories

 

An interrogatory could ask the other party to explain under oath all reasons why they are requesting primary custody and why they want to make all the decisions for the children. The other party may have to include dates, times and details for the reasons for their request for sole physical and legal custody. Interrogatories can also ask the other party why they want certain pieces of property or why they believe they should be entitled to a bigger piece of the community estate.

 

Request for Production

 

While an interrogatory asks the other party to answer questions, a request for production asks the other party to produce documents. With the request for production, the other party may be asked to provide any documents or evidence of any kind whatsoever to justify the request for custody and possession. A request for production will also allow a spouse who has no knowledge of finances, to get copies of financial account statements.

 

 

In Texas, a party must respond to interrogatories and a request for production within thirty days of receipt. If a party doesn’t answer fully, a lawyer can file a motion to compel them to force them to answer.

 

Other Types

 

In other cases, other forms of discovery can be used. For example, a deposition can be taken under oath where a party further explains their position. In other cases, a lawyer may serve subpoenas on third parties and necessary witnesses for evidence and testimony.

 

Do Not Go Into Court Blind Without Discovery

 

In the end, discovery is useful in almost any kind of litigated divorce or family law matter. Discovery allows a party to flesh out whether the other party is holding a good or poor hand in terms of the allegations they have raised.

 

Additionally, by conducting discovery, a party can decide what witnesses and evidence to present themselves in court. Discovery also allows a party to determine whether to settle or try their case in court.

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 2021, 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.