What is the Discovery Phase of a Divorce?
Divorce, among other things, is the legal process for dissolving a marriage. It’s generally complex which is why most people elicit the aid of attorneys to help them through the process. One of the most important steps in a divorce proceeding is the discovery process. The discovery process ensures that both parties have access to the necessary information to make informed decisions and reach a fair divorce settlement.
In legal terms, discovery is the legal process by which each spouse obtains information from the other concerning their finances, assets, debts, and more. Those who understand the discovery process can navigate their divorce more effectively.
Types of discovery methods
What are the common methods of discovery used in a Florida divorce case? They include:
- Interrogatories – These are written questions that one spouse asks of the other. These questions must be answered in writing and under oath. Interrogatories typically involve questions relating to income, assets, debts, employment, and other financial matters. They are a useful tool for gathering basic information about the other spouse’s financial situation.
- Requests for document production – A formal request to the other spouse to provide copies of documents related to the divorce. These include bank statements, tax returns, credit card statements, mortgage documents, and other financial records. These documents provide concrete evidence of each spouse’s financial standing.
- Depositions – Depositions are when one spouse is questioned by the other spouse’s attorney under oath and in the presence of a court reporter. Depositions are typically more detailed than interrogatories and allow the attorney to ask follow-up questions. Depositions are particularly useful when the other spouse’s testimony is important to the case or if the attorney believes the other spouse was dishonest during interrogatories.
- Requests for admissions – These are a series of statements that one spouse sends to the other. They ask the spouse to either admit or deny specific facts. Such requests help narrow down major issues in dispute by confirming what both parties agree on and identifying areas where they disagree. This simplifies the court process.
- Subpoenas – If one spouse refuses to provide information, the court can issue a subpoena. A subpoena is a legal order compelling a third party (such as a bank or employer) to provide documents or testify in the case.
Why is the discovery process important?
The discovery process is integral to ensuring that both spouses have a clear idea about the other’s financial situation. This is important because the marital estate must be divided once the divorce is finalized. The discovery process prevents a spouse from hiding assets that could lead to an unfair division of marital property. Having accurate and complete information concerning both parties’ finances ensures an accurate and fair division of the marital estate. Discovery can also address issues such as spousal support and child support. Discovery ensures that the court has the relevant information required to make informed decisions on these matters.
Talk to a Tampa, Florida Family Law Attorney Today
Westchase Law, P.A. represents the interests of spouses who are attempting to untie the knot. Call our Tampa family lawyers today to schedule an appointment, and we can begin addressing your goals and concerns post-divorce.
