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Though it does not happen frequently, every so often divorce lawyers point out that new changes have been made to the Texas family law code and how it applies to the divorce process.
Most recently, there was a change made to the Texas Rules of Civil Procedure last August affecting Initial Disclosures or discovery and what is required by divorce attorneys and their clients moving forward in a divorce or custody case.
This change was approved in August of 2020 and has just gone into effect as of January 1, 2021, affecting any cases filed on or after this date.
What Is Discovery In A Legal Proceeding?
Discovery is the period of time in any legal case where the opposing sides have the opportunity to request information from each other.
The divorce lawyer of one spouse can ask an attorney representing the other spouse for things like financial and tax records, witness information, and other pertinent documentation or evidence that can be used to build a case in a divorce or custody proceeding.
This information was then turned over by each respective ;divorce attorney if requested by the other attorney; however, there was no requirement to hand over any information that was not specifically requested.
What Has Changed?
The biggest change that has been made to the discovery process is that the courts are now requiring the exchange of certain information right from the start as opposed without having to be requested by the opposing lawyer on an as-requested basis.
Divorce lawyers and their clients now have 30 days after filing an answer to the initiation of divorce proceedings to provide certain information to the other party or risk being unable to fully present ;their case during a hearing.
The purpose of this change to the discovery process was made to help speed up divorce hearings by requiring that both parties be able to start out on the same equal ground with regard to the evidence needed to build a fair case.
What Information Is Required To Be Exchanged?
The new 2021 Texas Civil Procedures code that affects divorce cases requires both spouses and their divorce attorneys to provide the following evidence within 30 days of entering into a divorce proceeding:
- Financial Records - All bank statements including retirement, pension, profit-sharing, and employee benefits documentation; all personal, property, auto, health, life, and umbrella insurance documentation; and tax returns for the past 2 years including W-2, 1099, and Schedule K-1 forms.
- Property Documents - Documentation on owned, leased, and inherited properties, deeds and closing statements, mortgage payment records, and other similar information.
- Persons with Knowledge - Names of those people who could have witness information such as family members, friends, neighbors, co-workers, doctors, counselors, financial advisors, and others who can provide testimony during the case.
- Additional Evidence When Children Are Involved - All health/medical/dental insurance documents for the child/children as well as the parents two most current pay stubs.
Failure to present this information voluntarily within 30 days will result in the inability of that spouse to provide the information at a later date for consideration in the hearing.
Navigating New Discovery Laws With A Divorce Attorney
Navigating the divorce process for a favorable outcome involves working with a divorce lawyer who is experienced and knowledgeable about Texas Civil and Family Law.
With these latest changes now in effect, it is especially important to hire an attorney who is up-to-date and understands the pressing nature of providing all the right information to the courts so the case can progress quickly and smoothly.
Those seeking a divorce in 2021 should discuss these amended laws with their attorney to fully understand them and then agreeably provide the required information to gain the fairest consideration by the Texas family court.
