Notice Of Service Of Discovery In Divorce In San Antonio
Description
Form popularity
FAQ
It does not make any difference who files first. What matters, in a long term marriage such as yours, is making sure that your economic future is protected.
Discovery is the method of obtaining, from the other party, all of the information you need to successfully present Page 3 your case to the court. It also provides your spouse an opportunity to obtain from you all of the information your spouse needs to present their case successfully to the court.
Discovery is the fact finding and evidence gathering process of a case. This is when a party obtains information that supports their case and also obtains information the other side intends to use to enhance their case.
Levels of Discovery Control Plans in Texas In family litigation, Level One applies to “any suit for divorce not involving children in which a party pleads the value of the marital estate is more than zero but not more than $250,000.00.”
Generally, the party receiving the discovery request has 30 days to respond. Some exceptions and variations apply, so make sure you review how much time you have to respond depending on the type of case, the rules, and the type of discovery method used.
During discovery, both parties must exchange evidence they plan to use during trial and certain disclosures are automatically required in most cases. These are called initial or required disclosures. Initial disclosures are not required in family law cases such as divorce and custody.
When a party requests documents or answers to questions from the opposing party in a lawsuit, you must do so in the form of a Motion for Discovery. A Motion for Discovery may be filed with the Court via E-File, Email, in person, or by US Mail.
In Texas, the process of discovery is governed by article 39.14 of the Code of Criminal Procedure. The code states that the State must allow a defendant, or someone acting on their behalf, like an attorney, to access any evidence that the State possesses that sheds light on the case.
Spousal Maintenance and the 10 Year Marriage Alimony – or spousal maintenance in Texas Law – is rarely awarded in Texas divorces. However, the likelihood of court ordered spousal maintenance increases for couples married at least 10 years.