As of August 2020, attorney Samantha Kehl is no longer with her previous firm. The Kehl Law Firm, P.C., is currently taking meetings by appointment only.

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The discovery part of the divorce process

| Oct 21, 2020 | Uncategorized

Not long after couples seeking a divorce in Texas file the paperwork needed to get the process started, it becomes necessary for both parties to gather information regarding their personal and financial situations. Divorcees should provide detailed accounts of things like income, debt, and property ownership.

The family law provision that requires this information exchange is the discovery process. The couple, their attorneys, and the divorce court presiding over the matter will use the provided information to determine a fair division of the marital property. This information will also help to decide important issues like whether either of the divorcing parties will receive child or spousal support.

Document requests

Both members of the dissolving marriage will receive notification that they are to provide the other party with the required information. Failure to submit this information promptly is likely to elicit a negative response from the court.

Depositions

There are times when divorce proceedings call for divorcees to provide statements under oath in response to questions asked by the attorney working for the other party. These proceedings, often, happen at the request of an attorney, and there are several possible reasons an attorney will request this discovery tool.

One reason is for an attorney to gain a feel for how the other party will handle themselves when answering questions under oath. The attorney may ask questions with the intent to apply mental or emotional pressure to a divorcee. This tactic allows an attorney to gauge how questioning at a trial may play out. A second reason is that an attorney may want to have responses from a divorcee on record so that, if the recording of different answers happens in a courtroom setting, the credibility of the divorce participant will suffer.

The important thing for divorcing parties to remember, when questioned at a deposition, is to answer only with facts. It is also a good thing to refrain from over-explaining in response to an attorney’s questions.

The divorce process is a bad experience for everyone involved. The hope for most people faced with divorce is semi-amicable proceedings and a judgment that allows them to get on with rebuilding their lives. Individuals faced with divorce will likely enjoy a smoother process by first consulting with a family law attorney.