"Discovery" is a broad general term for a number of legal devices designed to gather information.
Discovery is sometimes an informal process of exchanging documents or information between the parties' attorneys.
Like you, they have bills to pay, and they go to work to trade their time and expertise for compensation. The retainer insures that the attorney is compensated for his or her efforts.
Divorce can be very expensive, espescially when you and your (soon to be ex) spouse battle over the details.
Note that the presumption is rebuttable, which effectively creates an informal but not an absolute statute of limitations for common law marriages.
The starting point is that the court presumes that all the property of the marriage is community property, and if you have separate property you have to prove it by tracing it with "clear and convincing evidence." The court divides the property in a "just and right manner." What does this mean? In other cases, factors such as unequal earning power and fault in the marital relationship can affect the division of property.
There are two ways people can form a common law marriage in Texas: If you are married pursuant to common law and no longer wish to be married to your common law spouse, you will need a divorce.