Courts are places of records. Information that is pertinent to the case is sought with vengeance. It is not enough to come up with a solid case based on circumstantial evidence. You need to prove your points of law using information that is admissible in court. The Houston law drafters therefore devised several methods you can use to obtain information from the competing party in a divorce case. Your Houston divorce lawyer should be smart enough to pick up the line of argument the other party expects to use. However, you need to be careful because the other party may use these methods to send you in an opposite direction from how they intend to argue the case. The following are the major methods used by any Houston divorce lawyer to obtain this information.
In a deposition, the other party’s lawyers will get a sworn testimony from you. Note that you are expected to tell the truth, and nothing but the truth. The information you give here can and will be used in a court of law if you and your spouse do not reach an agreement. It is important to note that this method of information collection is usually used as evidence in court. Your Houston divorce lawyer should advise you appropriately in regard to what you are supposed to say and not say during deposition.
This is usually done to access documents such as bank statements, pay slips, property ownership schedule etc. This information is useful in property division, child support and spousal maintenance determination, children possessive custody among others. A court needs to know what you are worth and how much you should expense every month in support of your kids and spouse. The documents are important in distinguishing separate property and community property. Separate property is not subject to sharing unless on very special circumstances. Community sharing on the other hand is shared equally or as the court may deem fair and equitable.
This is a schedule made, listing a number of facts, and then sent to the other party for either admission or denial of the same. It is important to both parties for processing their evidence. Note that either party may decline to comment on the facts sheet. A court may be relied upon to make the other party commit on the fact sheet. However, the court too may decline to compel the other party to comment on the fact sheet.
This is a list of questions that are drafted and sent to the other party in a bid to establish some facts. They are supposed to be answered in 30 days and as truthfully as possible. Many parties cooperate with each other as both sides will usually send the interrogation’s sheet.
In this case, the parties request the other parties for documents or materials that they intend to use in the case. The other party is obliged to make the materials available in 30 days.
Michael Busby Jr. is a Divorce, Family Law, & Houston Divorce Lawyer, who practices in Harris County Texas and the counties that surround Harris County, Texas. He has been in practice for over 14 years and has tried over 300 cases. He is familiar with the policy and procedures of the Harris County Texas Divorce Courts. Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.
Michael Busby Jr.
Visit me on the web at www.busby-lee.com