Inside Texas Divorce: The Discovery Process

If you’re preparing to seek a divorce in Texas, then you should understand more about the process.

In this article, you will understand what the discovery process is, why discovery is important, and how to best navigate divorce discovery.

Inside Texas Divorce Capps Law

Divorce in the Lone Star State has a unique aspect that adds a layer of complexity: the mandatory waiting period. In Texas, once the divorce papers are filed, a 60-day waiting period is required before a divorce decree can be issued. While this time frame may seem like a hindrance, it actually can serve as an opportunity for couples to explore avenues of reconciliation or to negotiate the terms of their divorce settlement.
The key to navigating this waiting period effectively lies in understanding and utilizing the discovery process in divorce proceedings.

What is the Divorce Discovery Process like in Texas?

The divorce discovery process is one of the six steps in divorce proceedings where both parties gather essential information and evidence relevant to the case. This phase allows each party to obtain information from the other through various legal methods.
Discovery requests may include:

  • Requests for production of documents
  • Interrogatories (written questions)
  • Depositions (sworn statements taken out of court)
  • Requests for admissions


Divorce Discovery

Typically, during the discovery phase, spouses and their legal representatives exchange information and documents about various aspects of the divorce, such as property division, child custody, alimony, and other pertinent matters.
While this phase is usually essential for your lawyer to best support you, it can also be time-consuming, particularly in cases where there is complex asset division or suspicions of hidden finances. You may need forensic accounting help at this stage if you believe your spouse is hiding assets.

Four Common Benefits of the Discovery Process

Engaging in the discovery process can offer several advantages to all parties involved including:

  1. Access to Information: Discovery allows both parties the opportunity to gain access to relevant information and documentation, helping to ensure transparency in the proceedings. Be careful about publicly sharing the details or bad mouthing your spouse in public forums such as social media because it will come out during discovery.
  2. Informed Decision-Making: Armed with the findings from discovery, individuals are better able to make decisions about negotiation strategies, settlement terms, preparing for trial and help in the overall direction of the case.
  3. Identifying Hidden Assets: Discovery is instrumental in uncovering any hidden assets or financial discrepancies. A jointly owned business is an example of a complex asset where value could be hidden.
  4. Preparation for Mediation or Trial: In most situations, the information gathered during discovery serves as valuable preparation for mediation or, if necessary, the upcoming trial proceedings. In Texas, mediation is often a court-mandated step before a final trial can be held.

What Comes After the Discovery Process in Texas Divorce Cases?

Upon completion of the discovery process, the next steps vary depending on the circumstances of the case. If both parties can reach an agreement through negotiation or mediation, then they may be able to proceed with an uncontested divorce, avoiding the need for court intervention. There are many advantages, including financial ones to mediation.
However, if a settlement cannot be reached, the case may escalate to a contested divorce, where the court will ultimately decide the final terms based on the evidence presented. Your family lawyer will guide you through these steps, as they work with you to find the best resolution for your family.

Divorce Discovery Process


Important Reminders During the Divorce Discovery Phase

While the divorce process can feel overwhelming, the more information you (1) prepare ahead of time for your attorney, (2) gather during discovery, and (3) continue to share with your lawyer if anything new arises during your case, the greater your chance is of laying the foundation for the life you want after your divorce is finalized.
Child custody arrangements and alimony can be two areas greatly impacted by the quality of information that can be gathered during the discovery process, so it is not a step to rush through during divorce without legal guidance and patience.

Don’t Navigate the Discovery Process Alone

As you navigate the complexities of divorce proceedings in Texas, you need a knowledgeable legal team by your side.
At Capps Law Firm, we understand the intricacies of the divorce discovery process in Texas, and we are committed to guiding our Austin-area clients through every step from the very first scheduled divorce consultation until all terms are legally finalized. And when/if life brings unexpected challenges such as an out-of-state move, military deployment or other child custody issues that might alter a divorce settlement, then we will continue to partner with you.
Our experienced attorneys will work to ensure that you have access to all relevant information, advocate for your best interests during negotiations, and, if necessary, provide strong representation in court.

Take Steps Toward a Brighter Future

If you would like to discuss your family law matter and/or any concerns that you may have about how to get a divorce in Texas, contact our office or call our office at (512) 338-9800.
Remember that completing the discovery process with a trusted attorney by your side can lead to a more positive, peaceful resolution – allowing you to move forward with your life with confidence and peace of mind.
Kelly J Capps








This article does not create an attorney-client relationship. Its purpose is to educate the public about the topic of family law. This article should not be seen as legal advice. You should consult with an attorney before you rely on this information.