
Texas Divorce Discovery Rules: What Gets Turned Over?
If you are in the process of divorce, you may be surprised to learn that the law requires you to turn over voluminous information to your spouse and his or her attorney. This includes financial records, property documents, child insurance information, the list goes on. The good news is that the law works both ways, meaning your ex will also have to disclose their information.
In this article, we are going to go over the Texas divorce discovery process and explain the rules and what information must be exchanged between the parties and why. But first, please watch this video by experienced family law attorney Turner Thornton.
What is discovery in a Texas divorce proceeding?
Discovery is a process involving the exchange of documents, information and other potential evidence between parties to a lawsuit or, in this case, a divorce or child custody case. The parties must comply with the Texas Rules of Civil Procedure, which govern divorce proceedings.
Discovery is a very important part of divorce and child custody proceedings because it allows both parties to have a full and complete picture of the other party’s assets, liabilities, income and expenses. This information is critical in negotiating a settlement that is fair to both parties.
What information is required to be exchanged in Texas’ divorce discovery process?
In January 2021, changes were made to the Texas Rules of Civil Procedure which affected the Texas divorce discovery process. The biggest change was that courts now require the exchange of information at the beginning of the process, without having to be requested by the opposing party. The following information is required to be exchanged at the outset without anyone actually formally asking for it:
- Financial Records: This includes tax returns, pay stubs, bank statements, credit card statements, retirement and investment account statements.
- Property Documents: This includes deeds, titles and mortgage documents.
- Persons with Knowledge: This includes the names and contact information of any person who has information relevant to the divorce or child custody case, such as family members, friends, neighbors, co-workers, doctors, financial advisors, accountants, doctors and counselors.
- Insurance Information: This includes all personal, property, automobile, health, life and insurance documents.
- Additional Evidence if Children Are Involved: All health insurance documents for the child/children.
What types of discovery are common in Texas divorce cases?
Here’s a breakdown of the three main types of discovery you might encounter:
Discovery Type | What It Is | Time Limits | Legal Authority |
---|---|---|---|
Written Interrogatories | Written questions that must be answered under oath. Limited to 25 questions. | 30 days to respond | Texas Rules of Civil Procedure Rule 197; Texas Family Code § 6.406; Level 1 Discovery Control Plan |
Requests for Production | Requests for documents, emails, photos, and other evidence | 30 days to respond | Texas Rules of Civil Procedure Rule 196; Texas Family Code § 6.406; Level 1 Discovery Control Plan |
Depositions | In-person testimony under oath, recorded by a court reporter | 6 hours per witness per side | Texas Rules of Civil Procedure Rules 199-203; Texas Family Code § 6.406; Level 1 Discovery Control Plan |
Legal Framework for Divorce Cases
Discovery in Texas family law cases is governed by multiple overlapping legal frameworks, primarily the Texas Family Code § 6.406 and the Texas Rules of Civil Procedure (TRCP) Rules 190-215. These rules work together to ensure fair and comprehensive information sharing between parties while protecting privacy and privileged information.
• Texas Family Code § 6.406 governs general discovery in divorce cases
• Texas Rules of Civil Procedure Rules 190-215 provide the overall discovery framework
• Level 1 Discovery Control Plan applies to suits involving under $50,000
• Texas Rules of Evidence govern admissibility of discovered materials
Texas Family Code § 6.406 Foundation
The Texas Family Code establishes the foundation for discovery in family law cases, particularly focusing on mandatory disclosures essential to divorce proceedings. Under this code, parties must exchange financial information within 30 days of the answer being filed. This includes detailed property inventories and appraisements, which form the basis for property division. In cases involving children, parties must also provide documentation related to child support calculations and health insurance coverage. The code grants specific rights to examine documents, obtain sworn testimony, and conduct physical or mental examinations when relevant to the case.
Texas Rules of Civil Procedure Framework
The Texas Rules of Civil Procedure provide the procedural framework for conducting discovery. Rule 190 establishes discovery control plans, with most family law cases falling under Level 2. This level allows for up to 50 hours of oral depositions and 25 written interrogatories. The discovery period typically ends 30 days before trial, allowing time for proper preparation and potential settlement discussions.
Rule 192 defines the scope of permissible discovery as any matter relevant to the case that is not privileged and could reasonably lead to admissible evidence. This broad scope enables parties to gather necessary information while maintaining appropriate limitations. The rule authorizes various discovery methods, including depositions, interrogatories, requests for production, and requests for admission.
Response Requirements and Timelines
Response requirements under Rule 193 mandate that parties respond to discovery requests within 30 days of service, with an additional three days if served by mail. Objections to discovery requests must be specific, legally supported, and timely filed. This structure ensures efficient information exchange while protecting parties’ rights to object to improper requests.
Required Disclosures and Evidence Rules
Rule 194’s required disclosures represent a significant shift in Texas discovery practice. Initial disclosures must include basic information about parties, potential witnesses, and legal theories. This upfront exchange of information promotes efficiency and reduces discovery disputes. For cases valued under $50,000 (Level 1), discovery follows a more streamlined approach with shorter timelines and limited discovery tools.
Electronic Discovery and Protection
Modern family law discovery often involves extensive electronic evidence. Social media content, text messages, emails, and digital photographs must be handled according to specific authentication and admissibility requirements. Courts actively manage discovery to prevent abuse and protect sensitive information. Protective orders can limit discovery scope or protect confidential information. Mental health records, children’s information, and certain financial data often receive special protection.
Note: This overview provides general information about discovery in Texas family law cases. Specific requirements may vary based on your local court rules and individual case circumstances. Always consult with a qualified attorney for legal advice regarding your specific situation.
Important Deadlines to Remember
• Initial disclosures are due 30 days after the first answer (TRCP 194)
• Discovery must be completed 30 days before trial
• All updates to discovery are due 30 days before trial
• Expert witnesses must be named 90 days before trial (if you’re the party with the burden of proof) or 60 days before trial (for other parties)
Note: These timeframes may vary depending on your specific case and court orders. Talk to your attorney about your exact deadlines.
How long do you have to turn over documents in Texas divorce discovery process?
In Texas, both spouses (through their attorneys) must provide their initial disclosures to the other party within 30 days of entering into divorce proceedings. In other words, as soon as you are served with divorce papers or file for divorce, you have 30 days to turn over documents. These initial disclosures must include a complete list of all assets and liabilities, as well as income and expenses.
What if you can’t find all the documents?
If you cannot find all of the required documents, you must still provide your spouse with a list of what you have been able to locate and a description of your efforts to locate the missing documents.
What happens if you don’t turn over documents?
It is mandatory to provide discovery and if you do not, the court can impose sanctions on you, which can include ordering you to pay your spouse’s attorney’s fees or even holding you in contempt of court. There’s also a good chance that you will lose your case.
Looking for the Right Divorce Lawyer? Contact Us.
If you are contemplating divorce, it’s important to retain an experienced attorney who knows the intricacies of the Texas divorce discovery process. It will take efficiency and organization to comply with the Texas divorce discovery rules. We can help. Our team has helped hundreds navigate divorce and child custody proceedings and we can help you, too. Give us a call today at 817-900-3220 to schedule a consultation. We will explain how we can guide you through this difficult time and achieve a favorable outcome.