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What happens during the discovery process during a divorce?

On Behalf of | May 3, 2019 | Divorce |

One of the most important aspects of divorce is securing a fair property division settlement. You have the right to a fair share of all marital property, which includes the assets, money and other property accumulated over the course of the marriage. It is critical to understand how to walk through this process as you seek a strong post-divorce future.

The discovery step is something that happens early in the property division process. Essentially, it is an exchange of information between the two parties, disclosing all financial information that will be important as they divide property. This includes documentation about real estate, bank account information and much more. It is in the interests of all parties to be honest during this disclosure process, as this reduces the chance of complications in the future.

What to expect from this process 

This exchange of information involves everything related to the economic and financial interests of both parties. One of the first things that will happen is a formal request for the production of documents. There can be a disagreement over what documents are actually pertinent, but generally, parties have to hand over anything that may possibly relate to the divorce.

After this, each party may have certain questions regarding the information, called interrogatories. The other side has the right to object to any question if it is not fair or not related to the divorce. In some cases, it may be necessary to move on to the next step, which is a deposition. This requires the deposed person to answer questions under oath.

Honesty is always best

Divorce is an emotionally complex process, and it can be tempting to withhold information or try and hide assets. This is never a good idea, and it can lead to costly and lengthy litigation. It’s very likely that anything a person tries to hide will eventually come out.

If you think that it is possible your spouse is attempting to hide assets, you have the right to fight back, get the right information and fight for the share of marital property you deserve.

Fighting for your future

Your future interests are on the line when you go through divorce. Even in the most amicable of situations, it is for your well-being to be cautious and prudent about seeking the best possible outcome. Before you agree to terms, you may want to work with an experienced Texas family law attorney about the discovery stage and other parts of the property division process.