Divorce in Florida: What to Know About Discovery
The Legal Information Institute explains that discovery is the process that “parties use during pre-trial to gather information in preparation for trial.” If you are going through a divorce in Florida, it is crucial that you know how the discovery process works. At Williams & Varsegi, LLC, we handle even the most complex of divorce cases. Our firm can help you navigate all issues related to discovery, including Florida’s mandatory financial disclosure requirements. Here, our Boca Raton divorce attorney explains the most important things to know about discovery in Florida.
What is Discovery in a Florida Divorce?
Discovery is the formal legal process where both spouses exchange information relevant to the divorce. In Florida, this step ensures full transparency about finances, assets, debts, and other critical matters. Discovery allows each party to build their case by obtaining documents, statements, and admissions from the other side. It helps to ensure that both spouses have access to all relevant information about their marriage, particularly about financial matters.
An Overview of Common Types of Discovery Tools Used in a Florida Divorce
Florida family law provides several discovery tools. An experienced Florida family lawyer can help you use the appropriate tool of discovery for your specific situation. Here is an overview:
- Interrogatories: Written questions that require sworn answers.
- Requests for Production: A demand for specific documents.
- Deposition: An interview of a party under oath.
What to Know About Your Legal Duty to Disclose in Florida (Financial Disclosures)
Under Florida law, spouses to a divorce must follow the mandatory disclosure rules (Florida Family Law Rule of Procedure 12.285). The rule requires automatic exchange of core financial documents, including things like tax returns, bank statements, and pay stubs, even without a formal discovery request. For couples with lower assets, a simplified financial disclosure may be used. The failure to comply with disclosure obligations can lead to serious sanctions.
Discovery in Florida: Uncontested Divorce vs. Contested Divorce
The scope and intensity of discovery differ significantly between uncontested and contested divorces in Florida. Here is an overview of the difference:
- Uncontested Divorce: When both parties agree on all terms, the discovery process is minimal. Mandatory financial disclosures are still required, but additional discovery tools are rarely required. In other words, you and your spouse can use a more efficient approach that is simplified.
- Contested Divorce: In cases where spouses disagree on key issues, discovery becomes more extensive. Indeed, in a high conflict case, your Florida divorce lawyer may need to employ all available discovery tools to gather evidence. That is important to protect your rights, but it can prolong the process and increase costs.
Consult With Our South Florida Divorce Attorneys Today
At Williams & Varsegi, LLC, our Boca Raton divorce lawyers have the experience you can rely on when it matters most. If you have any questions about discovery and divorce, we are here as a family law resource. Contact our family law firm today. With an office in Boca Raton, we provide family and divorce representation throughout South Florida.
Source:
law.cornell.edu/wex/discovery
