What Is Discovery in a Florida Divorce?
A Florida divorce involves several critical legal steps. One of the most crucial steps of a Florida divorce is discovery. If you are unfamiliar with this term, you are not alone. Many people do not know what discovery is or the importance of this step until they are in the middle of a divorce. In simple terms, discovery encompasses each party literally “discovering” all the information they can about the other party that is relevant to the divorce before reaching a settlement agreement or going to trial. This step is vital in ensuring the parties have a clear and complete understanding of each other’s finances and other relevant details before deciding on divorce-related matters.
What Is Discovery?
As already stated, discovery involves each party “discovering” information from the other party. The discovery process is a pre-trial phase where the parties request relevant information from each other to establish a clear understanding of all the aspects of the case. During a divorce, obtaining accurate, comprehensive information about finances, assets, debts, and other pertinent details is vital before making decisions about alimony, property division, child support, or timesharing. For example, to ensure an equitable distribution of property, both parties need a complete and honest picture of what exists. Discovery can help provide transparency so neither spouse hides income, assets, or debts.
Types of Discovery in a Florida Divorce
In Florida divorce cases, several discovery tools may be used, including the following;
- Interrogatories
Interrogatories are written questions one spouse’s lawyer sends to the other spouse, requiring written answers under oath. The receiving party must answer all questions concisely and directly. Interrogatories may ask for a variety of information, such as an employment schedule, expenses, and other details that are important to the case.
- Mandatory Disclosure
Under Florida Family Law Rules of Procedure 12.285, each party in a divorce case is required to provide the other party with certain financial information and documents within 45 days of service of the divorce petition. This process is called Mandatory Disclosure. The specific documents that must be exchanged in a Florida divorce include;
- Tax returns
- Pay stubs
- Bank account statements
- Retirement accounts
- Credit card statements
- Insurance information
- Deeds and mortgage documents
- Requests for Production
In addition to Mandatory Disclosure, a party can seek additional documents from the other party. This legal tool can be used to formally request documents such as emails, business records, and account statements.
- Depositions
A deposition is a formal way of getting testimony from a party, under oath, outside of court. During a deposition, a person is asked questions by the opposing lawyer, which they must answer in front of a court reporter.
- Requests for Admission
These are statements that an attorney sends to the other side for them to either admit or deny. This tool helps reduce the issues and facts that must ultimately be tackled during the trial.
Challenges During the Discovery Phase
Challenges during the discovery phase include the other party refusing to comply, for example, by failing to provide all the requested information or providing incomplete or misleading responses. These issues often increase legal costs and may require court intervention to compel cooperation and ensure transparency.
Contact an Orlando Divorce Lawyer
Navigating the discovery phase effectively during a divorce requires skilled legal expertise. Our Orlando divorce lawyers at The Arwani Law Firm are ready to offer their expertise to you. Contact us today to schedule a consultation.
Source:
supremecourt.flcourts.gov/content/download/345287/file/01-2344_rule.pdf
