Required Disclosures in Texas Family Law

Texas Legislative Updates that affect Texas Family Law

In the 2020 Session, the Texas Legislature passed a law that required all parties in suits filed after January 1, 2021, to provide certain information and documents to the other parties regardless of whether a party formally requested that information. That law was modified for Family Law cases in 2023, at which time the disclosure of this information was only required if formally requested. Civil cases (all cases other than criminal cases that are not governed by the Texas Family Code) are still governed by the 2020 rule requiring the disclosure of information without written request

In 1999, the legislature overhauled the discovery process in Texas. As a part of that overhaul, Rule 194 Request for Disclosures was born. This is referring to Rule 194 of the Texas Rules of Civil Procedure, which apply to all civil cases, of which Texas Family Law is a part. In 2021, Rule 194 was significantly modified, even changing the title from “Request for Disclosure” to “Required Disclosures.” In 2023, the law was changed again and a new law codified under Rule 194a. Rule 194a only applies to Texas Family Law cases. 

Discovery refers to the process whereby litigants may find out or “discover” information from other litigants and third parties, who are often potential trial witnesses. The discovery rules are very involved and would need to be addressed in multiple blogs.

This blog will address only the revised Rule 194a and how it applies in Texas Family Law, and particularly how it affects divorce suits.

The Discovery Process

Discovery is that part of litigation that is universally unpopular amongst litigants, at least when it is that litigant who must respond.

Litigants are typically fine with the other parties responding to discovery, just not them. Parties do not like to have to provide documents that are often time consuming to collect and which can be costly in terms of attorney’s fees to organize and produce to the other parties. Also, they often feel this is an invasion of their privacy. It is important to note that under Texas Family Law very little is considered private.

Rule 194a is entitled “Requests for Disclosure in Suits Governed by the Family Code”. One of the primary ways that Rule 194a differs from other discovery rules is that parties cannot object to the information and documents required to be produced. In other discovery requests, various objections may be lodged by a party to certain requests. Since Rule 194a Disclosures are statutory, the Texas legislature has already considered the disclosures and determined that there are no valid objections to providing the information. Consequently, in the event a party properly requests another party to disclose the information referenced in Rule 194a, the information must be produced.

Disclosures are due within 30 days after a request is made by one party to another. A Request for Disclosure may be filed in most family law cases such as a divorce, a modification of an existing order (such as custody, visitation or child support), or other types of family law suits.

Disclosures Required

The initial disclosures that are required to be provided in a case under Texas Family Law are as follows:

1. The correct names of the parties to the lawsuit (this is typically the husband and wife or mother and father in the event the parties are unmarried).
2. The name, address and telephone number for any potential parties (these could include a grandparent or other person who may have a right to participate in the lawsuit).
3. The legal theories and, in general, the factual bases of the responding party’s claims or defenses (this is something that will be prepared by your attorney).
4. The amount and method of calculating damages (this will also be prepared by your attorney).
5. The name, address and telephone number of persons having knowledge of relevant facts, and a brief statement of each identified person’s connection to the case (these are persons that have knowledge of anything that could be an issue at trial – which could include someone that has witnessed you with your children or someone familiar with your financial situation;
6. A copy – or a description by category and location – of all documents, electronically stored information, and tangible things that the responding party has in its possession, custody or control, and may be used to support its claims and defenses, unless the use would be solely for impeachment (impeachment is excluded because one often does not find out the need to impeach a witness until the need arises in trial;
7. Any settlement agreements (while these may not be admissible at trial, they are still discoverable);
8. Any witness statements by persons with knowledge of relevant facts;
9. In a suit for divorce, annulment, or to declare a marriage void, provide, for the past two years or since the date of the marriage, whichever is less:
   a. All deed and lien information on any real property owned and all lease information on any real property leased;
   b. All statements for any pension plan, retirement plan, profit-sharing plan, employee benefit plan, and individual retirement plan;
   c. All statements or policies for each current life, casualty, liability, and health insurance policy; and
   d. All statements pertaining to any account at a financial institution, including banks, savings and loan institutions, credit union or brokerage firms.
10. In a suit in which child or spousal support is at issue:
    a. Information regarding all policies, statements, and the summary description of benefits for any medical and health insurance coverage that is or would be available for the child or the spouse;
    b. The party’s income tax returns for the previous two years or, if no return has been filed, the party’s Form W-2, Form 1099, and Schedule K-1 for such years, and
    c. The party’s two most recent payroll check stubs.

I often hear from clients, typically in divorce cases, that their spouse has access to all of this information and they should not have to produce it. While it may be true that the other spouse has access to all of this information, there are evidentiary reasons why you both have to produce the documents and other information.

You can easily see why parties to a lawsuit do not want to produce this information. That said, no one is exempt (there are some proceedings that are exempt from disclosure, but very few, and certainly not divorce cases, suits regarding children where the parties are unmarried, or modification suits). Consequently, don’t waste time arguing with your lawyer about how unfair it is for you to have to provide all this information. She or he has no power to avoid this requirement.

Finally, the public policy of the state in Texas Family Law is full disclosure. The goal is to ensure that all parties have the same information. If all parties have the same information, that is the best chance you have to reach an agreement without having to go to trial.