Going through a high-conflict divorce can feel like your entire life is under a microscope. During the proceedings, there might be times when you think that the opposing counsel will dig into every corner of your life.

These concerns are natural when emotions run high and tensions escalate between spouses. This blog explores what information Texas laws require you and spouse to share and what protections exist.

What does the discovery process involve?

When you file for divorce in Texas, the case may enter a stage called discovery. During this phase, spouses are often required to share financial details so the court can divide property fairly and decide any support obligations. These can include:

  • Bank statements, credit union records and brokerage account statements that usually covers the last two years
  • Retirement account statements, pension plans and profit-sharing records that show current balances and vesting information
  • Insurance policies for life, health, auto and property that list coverage terms, premium amounts and beneficiary information

While discovery is no longer automatic in every case, courts consider it a standard in high-conflict cases. Under state law, you typically have 30 days to respond to a Request for Disclosure or Production. However, if these requests arrive along with the initial divorce papers, that deadline extends to 50 days.

Will the opposing party bring up your emails and texts?

Your emails, text messages and social media posts often play a significant role in divorce cases. Courts frequently review digital communications to clarify timelines, verify financial claims or understand the dynamics between spouses.

Federal and state laws do offer important safeguards for your electronic privacy. For instance, state and federal laws generally prohibit unauthorized access to your private communications. This means your spouse typically cannot legally access your password-protected accounts or install tracking software on your devices without your consent.

Once a divorce is underway, the discovery process usually allows both sides to request relevant electronic records. So, you should know that your spouse, their attorney or the judge could eventually see anything you write in an email or post online.

What protections exist for children?

When children are involved in a divorce, courts focus on their best interests rather than on parental privacy. You may need to share details about your parenting, home environment and personal relationships if they affect custody decisions.

The legal system does offer specific shields to limit public exposure. State law requires you to remove sensitive markers such as birth dates and social security numbers from public documents. You can instead file these details in a private “Sensitive Data Statement” to keep them off the open record.

If you are worried about your children’s personal information being public, speaking with an attorney can help you utilize these protections to keep sensitive information private while still meeting your legal obligations.