Legal Question in Family Law in Texas

I was sued by my wife for divorce when she learned my good job was rapidly declining and she wanted to lock in higher child support while I work 12 hour days to build up a nest egg for her and our 6 month old baby. Her attorney sent me discovery demands on June 14th via cert. mail which I picked up on June 25th. They sent me a final trial date notice of July 28th, 2010. Under Tx Rules of Civil Procedure, doesn't discovery have to be done 30 days before the July 28th trial date? Since their cert. mail was sent June 14, that would make their discovery an invalid request. Could you plz confirm this and shoulf I inform her attorney of this now or wait to tell the judge on July 28th.

Thank you so much; I am 53 and 3 children already; Bob G


Asked on 7/10/10, 10:18 am

1 Answer from Attorneys
Bob Leonard Bob Leonard Law Group, PLLC

I assume that you do not have an attorney. You should get one immediately. While you are technically correct about the discovery, there are many rules and deadlines that you need to follow. For example, you need to object to the discovery in the correct time or you might waive the objection.

If you go to trial without an attorney, the judge will still insist that you follow all of the rules of procedure and rules of evidence. If you don't know all of the rules about admitting documents, for example, then you can't use them. If you don't know the rules concerning hearsay and the exceptions (and can object immediately), then you won't be able to introduce some of your evidence or keep out her improper evidence.

Good luck to you.

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Answered on 7/13/10, 9:24 am


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