It is no secret that divorce and contested child custody matters can be emotionally draining and contentious. Couples at odds with each other may see routine parts of the legal process in divorce as hostile acts. Being served with discovery is one of them. While being asked to answer questions may make you furious, it is important to understand what a party is entitled to know for the under the Texas Rules of Evidence.
This post will provide a few examples.
Financial information – Yes, your ex may already know how much money you make through your employment (if you are a w-2 employee), but their counsel is entitled to have documentation of your earnings. The same reasoning applies to businesses and investments you may have at the time of the divorce.
Communications with love interests – While you may not want to reveal your indiscretions because of personal embarrassment or a reluctance to rub salt in an ex’s wounds, this information may be relevant in determining whether marital assets were used to support an affair. If this is the case, your share of the marital estate may be altered to account for misused funds.
Social media posts – Pictures, videos and posts put on Facebook, Snapchat and sent from cell phones are fair game to be discovered. It is particularly important to understand that social media posts are permanent record of what was said at the time it was posted.
If you have questions about discovery during the course of a divorce, an experienced family law attorney can advise you.