What is Divorce Discovery?

Going through a divorce is always a challenging process. The belongings, assets, and even debts of a married couple must be divided up in a way that is as fair as possible for both parties. Also the custody of any children must be arranged. As this is a complex situation with high emotion, courts have developed a process for dissolving a marriage as painlessly as possible. Divorce discovery is the first major step in this process.

The Purpose of Divorce Discovery

The discovery process is basically an exchange of documents and information that will be needed to completely dissolve a marriage. Commonly exchanged information includes:

Financial documents such as tax returns, bank statements, and wage stubs
Deeds or appraisals for community property
Statements made under oath, also known as depositions, regarding events during the marriage

This and any other relevant information revealed during the discovery process is designed to help the courts come up with a solution that is as fair as possible to everyone involved. Although the ones above are the most commonly revealed in the discovery process, almost any information can be requested if it is important to the divorce proceedings. A lawyer can help you find the documentation that you need to give the courts a clear picture of your situation as well as decide what to request from your soon-to-be former spouse.

Discovery is not limited to information about your finances. You may be asked for an admission, in which you can either admit or deny an accusation. You may be asked to describe how much time you spend caring for your children or how you have spent funds in the past. This process can be extremely painful. You may have to admit to mistakes or hear new and shocking information about your spouse.

Common Pitfalls

There are several common financial mistakes that can be made, resulting in bad-ending divorce discoveries. The most common is dishonesty. It is important to be as honest as possible with your lawyer so they can help you to develop a winning strategy. In addition, it is important to be honest with the other side in the discovery process. Lies and misleading statements are usually found out, and the courts do not look kindly on them. Lastly, it is important not to guess. Everything you say or submit should be precise, provable, and completely true.

Divorces can be emotionally and financially draining, so it is important to have the best legal help available. You deserve someone who is knowledgeable, professional, and completely on your side. Without this help, you are likely to lose your case. If you live in or near Dallas and are considering a divorce, contact Thornton Law today. We can help you get through this difficult time as painlessly as possible and get a fresh start for a new and successful life.

For more information on our Dallas Divorce Discovery Attorney please visit our site.

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Can I Renegotiate My Divorce After It’s Final?

If your divorce is final and you wish to renegotiate the terms, you may be able to do so. Divorce is a very difficult process. It can be mentally and emotionally draining. In most cases, people simply want to get the process over with and get on with their lives. However, there are cases when a judge can make adjustments when needed. If you live in the state of Texas, an attorney like Bob Thornton can help.

However, generally speaking, the only way a change can happen is if there is a change in material circumstances. For example, if one person has a change in earnings, that can be a reason for renegotiation. If the change is significant, it could affect the amount of child support or spousal support that has to be paid. There are instances where small adjustments can be made. In some cases, custody can be changed if one parent’s circumstances change, for example if they move out of state.

Other reasons where changes may be made include one party’s non-compliance with a court order. For example, if a parent doesn’t keep up with child support payments, they could be hauled back into court. If the non-custodial parent can’t handle the payments, the terms can be renegotiated. However, if it is found that the parent isn’t paying for other reasons such as spite, they will be called back into court and the support payments could be raised.

One of the most common reasons that a divorce settlement is renegotiated is due to hidden assets. Spouses far too often attempt to hide assets. This is not a good idea. In fact, this can get you into a great deal of trouble. If you are going through a divorce, you are required by law to disclose to the court all of the material assets you accumulated during the marriage. In most states, everything accumulated during the marriage is considered community property and it must be divided in an equitable manner.

There are some spouses who, for whatever reasons, decide they aren’t going to let the court know about certain properties, bank accounts and other items. What many spouses who attempt to hide assets don’t know is, a forensic accountant can easily find these assets, even if you put them in another name.

If you have gone through a divorce proceeding and later find out certain information that could change the agreement, find a lawyer who can get you the settlement you deserve. Bob Thornton is a compassionate family lawyer with 40 years experience handling these cases. Contact him today for a free consultation.

For more information on our Dallas Divorce Attorney please visit our site.

What is the Protection Against Family Violence Act?

The Protection Against Family Violence Act, or PAFVA, is designed to provide protection for all family members against violence. There are several legal options available to victims through the act, including getting a restraining order. For victims of domestic violence, it is important to understand what the act is and what steps should be taken to receive protection.

Who Is Protected Under the Act?

There are several misconceptions about who is protected under the PAFVA. One of the most commonly believed misconceptions is that only women who are married are protected under the law. However, the law covers both men and women who are related by marriage, blood, and adoption. The victims do not have to reside with the abuser to receive protection. Children are also covered by the PAFVA.

The act also covers people who are subjected to a legal guardianship. For instance, an elderly parent who is being cared for by an adult child who is abusive would be protected by the same law.

What Protection Does the Act Offer?

One of the primary protections that the act offers is a temporary protective order. In Texas, the order would restrict contact by the abuser for 31 to 91 days. If the abuser violates the order, the judge could issue a warrant for their arrest.

The order is usually issued by a local judge when there is an incident that results in the abuser being arrested. Even if the abuser is not convicted, the order stays in place until an expiration date determined by the judge.

The act also allows punishment for abuse. For instance, a convicted abuser could face up to 99 years in prison for a first-degree felony related to family violence. A fine of up to $10,000 could also be assessed.

Can a Permanent Restraining Order Be Issued?

In Texas, a final protective order is sometimes issued in domestic violence cases. The final order can last up to two years. However, there are exceptions that could lead to an extension of the order.

For instance, a judge could choose to extend the order if the victim suffered serious bodily injury. The order could also be extended if the accused abuser has had two or more orders issued against them in the past.

Although the permanent order does not expire until the date ordered by the judge, the abuser can request an early dismissal. If they do, the judge will hold a hearing to determine if the order should be continued. If the order is dismissed, the victim has the right to request a new one.

In addition to the PAFVA, there are other domestic violence laws that are available that can help protect victims. Consult with an experienced family attorney to learn more about those laws and to determine which legal options are best for your situation. Contact Thornton Law today to request a free consultation.

For more information on our Dallas Family Violence Attorney please visit our site.