What is the Discovery Process in Family Law? - Bineham & Gillen

custodydivorceWhat is the Discovery Process in Family Law?

May 13, 2020by James Gillen

The discovery process is an integral part of family law and requires a team effort to get it done. But what does the process consist of?

What is Discovery?

Discovery is the process of collecting documents and information relevant to your case. The process can be formal or informal, depending on how you go about the exchange of receiving documents. The documents can range from your child’s attendance record to your bank statement, all in order to get a more concrete view of your life and situation to bring to the court.

During this process, both sides need to show their opposing side the evidence they plan on bringing to court. Discovery is in order for both parties to settle their disputes before they enter the court and to ease conflict and limit surprises during the trials.


An interrogation is questions written between both parties that are required to be answered in writing and under oath. These questions may range from “What are all the reasons you should hold child custody?” or asking about your last paycheck. Rather than responding to the questions directly, the responding party may answer by detailing where they can find the requested information in a document they have provided.


On the other hand, a deposition is an oral interview that can be conducted either on the phone or in person. The statements made during the interview may be taken to trial, used to examine a potential witness or to obtain discovery. Deposition can be held between both parties, as well as witnesses, to have a full scope of the case at hand.

Time Concerns

You may be wondering how much time you have to gather and submit all the information and documents you need for trial. There are different types of discovery, the most common being Level 2. Level 2 takes place with a suit being filed and continues for 30 days until the trial starts. In order for a smooth and easy process, first meet with your attorney and be transparent and honest with them so that they have complete understanding and know everything that could be relevant to your case.

What Next?

If you are in need of a family law attorney and are going through a divorce in Texas, call Bineham & Gillen today to set up an appointment and begin the discovery process.