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Required Disclosures in Divorces, Annulments, and Suits to Declare Marriage Void

If you are filing a divorce, annulment, or suit to declare marriage void after January 1, 2021, you must give your spouse this information. This is part of the discovery process. There are exceptions—for example, domestic violence situations (in which case, please visit Domestic Violence: Free Legal Help for Victims and Survivors) and cases filed by or against the Office of the Attorney General Child Support Division. This is required unless the parties agree otherwise, or the court lets you waive it. 

You can give your spouse a hard copy of the information or electronic copies. 

You can print this out to use as a checklist for broad categories, although you can complete this form to give to the other party. You can also use this tool from Lone Star Legal Aid to help you fill out the initial disclosure forms.

This information and these documents must be exchanged no later than 30 days after an appearance—for example, an answer, counterpetition, or waiver of service—is filed. To calculate the deadline (1) find the day the answer was filed with the clerk, (2) look at it on a calendar, (3) count out 30 more days (including weekends and holidays). You must give your materials to that party on or before this date.

The checklist below is a general guide. Complete and give this form to your spouse.

 

 

 

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Parties and witnesses.

As part of the required disclosures under Texas Rules of Civil Procedure 194.2, you need to give your spouse the correct names and addresses of parties to the lawsuit—that is, your name and contact information, including your mailing address and phone number.

List the full names and dates of birth of the children.

You also need to give the other side the names, phone numbers, and addresses of potential witnesses—that is, people with knowledge of relevant facts. If this case is contested, this list could include: family members, neighbors, teachers, doctors, counselors, employers, and financial advisors, among others.

This may not apply in a family violence situation. See Domestic Violence: Free Legal Help for Victims and Survivors for help finding a lawyer, because you should talk to a lawyer familiar with family violence law to determine whether or not you need to disclose this information.

 

Property

You need to gather up documents related to real property. Give your spouse:

  • All deed and lien information on any real property owned, and
  • All lease information on any real property leased.

You will need information that goes back for the past two years, unless you have been married less than two years. If you have been married less than two years, you give your spouse documents going back to the date you got married.

This can include things like deeds, closing documents, and mortgage statements. And you need to include documents related to property you owned before the marriage or inherited.

If you do not have access to the accounts, and your name is on the account, you need to make a good faith effort to get the documents. For example, you can reach out to the title company, landlord, or lender.

 

Money, finances, and retirement

Gather up documents related to money and retirement. This includes:

  • the past two year of statements for any pension plan, retirement plan, profit-sharing plan, employee benefit plan, and individual retirement plan;
  • the past two years of statements pertaining to any account at a financial institution, including banks, savings and loans institutions, credit unions, and brokerage firms.

You will need information that goes back for the past two years, unless you have been married less than two years. If you have been married less than two years, you give your spouse documents going back to the date you got married. 

For all of these accounts, you need to be ready to provide:

  • Company name or financial institution name
  • Last four digits of account number
  • Description of documents you are providing to the other side.
  • ​Current balance

 

See Texas Rule of Civil Procedure 194.2(c)(1)(B).

 

Insurance

Gather up documents related to insurance. This includes all statements or policies for each current life, casualty, liability, and health insurance policy.

If the divorce involves concerns child support, spousal support, or both, you will also need information about 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.

 

Tax information (if child or spousal support is at issue)

In a suit in which child or spousal support is at issue, you must, without being asked, give the other party:

  • your income tax returns for the previous two years or, if no return has been filed, your Form W-2, Form 1099, and Schedule K-1 for those years; and
  • your two most recent payroll check stubs. 

(Note that this doesn't apply in child support cases filed by or against the Texas Office of the Attorney General.)