What is Discovery in Florida Divorce Proceedings?
In any Florida divorce case, even uncontested cases to some degree, discovery is part of the process. This is particularly true with the financial disclosures and other information each party must exchange with the other, even if they can agree to all the terms of divorce. Discovery is generally less extensive in uncontested divorces compared with litigated cases, but it is still important to ensure transparency and fairness. Below, one of our Tampa divorce attorneys explains the process in greater detail.
The Importance of Discovery in Divorce Proceedings
When a couple ends their marriage, they must address all issues that will impact their lives now that they are living separately. These issues involve dividing property, finances, parental responsibilities, and more. When drafting a settlement, it is critical that both sides have all information in order to calculate a fair division.
Some couples are able to communicate openly and honestly with each other, while others try to hide certain information. Discovery is a legal process involving the exchange of information. Due to this, spouses who do not make the required disclosures can face legal consequences.
What Requests are Made During Discovery?
The discovery process during divorce focuses largely on financial matters. It allows both sides to ask the other party for certain information so they each have a full understanding of the other’s financial situation. There are different types of requests made during discovery and they include:
- Depositions: During a deposition, individuals are asked questions and they provide answers under oath. A court reporter is present to record all questions and answers.
- Interrogatories: Interrogatories are questions one side gives the other. The receiving party must provide written answers that are given under oath.
- Requests for documentation: Either spouse can ask for documentation pertaining to the divorce, such as financial statements, personal communication, property deeds, invoices for expenses related to child care, tax records, and other types of documentation. Documentation can include physical documents as well as computer files, emails, and other digital information.
- Requests for admissions: Requests for admissions involve one party making statements while the other confirms or denies the statements. Requests for admissions are also taken under oath.
How Long Does Discovery Take?
In uncontested divorce cases, both sides still need to exchange information, such as financial disclosures. However, uncontested divorce cases do not require depositions, interrogatories, and other forms of requests. As such, the process is complete as soon as both sides exchange affidavits.
In contested divorce cases, the discovery process typically takes much longer. In fact, discovery takes up the bulk of most divorce cases. Generally speaking, discovery in contested divorce cases takes between nine months and three years.
Our Divorce Attorney in Tampa Can Help You Through the Process
The discovery process is one that requires patience, particularly if you are getting a contested divorce. At All Family Law Group, P.A., our Tampa divorce attorney can handle the legal details and help you through the process to make it as easy as possible for you. Call us today at 813-672-1900 or fill out our online form to schedule a free consultation and to get the legal help you need. Se Habla Espanol.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
