What is Discovery in a Florida Divorce?
During your divorce, you will assuredly hear attorneys talk about "Discovery".
Discovery is a pre-trial process where your side is seeking to get information from your spouse's side or from other people who have helpful and important information.
There are basically six types of Discovery devices that can be used in your divorce. Examples are 1) requests for production of documents to inspect from your spouse; 2) interrogatories (written questions); 3) requests for admissions (admitting the truth of statements under oath);
4) depositions (questions which are usually in person and recorded); and 5) physical and mental examinations. There is also a sixth Discovery device: 6) subpoenas duces tecum (requests for documents from other persons).
These devices can be used by pro se parties (people representing themselves) as well as attorneys.
In Florida, part of the Discovery process includes Mandatory Disclosure, which is a rule requiring the parties to exchange particular documents. Mandatory Disclosure applies in any proceeding for permanent financial relief, including any request for child support; alimony, equitable distribution of assets or debts, or attorney’s fees, suit money, or costs.
Discovery is a pre-trial process where your side is seeking to get information from your spouse's side or from other people who have helpful and important information.
There are basically six types of Discovery devices that can be used in your divorce. Examples are 1) requests for production of documents to inspect from your spouse; 2) interrogatories (written questions); 3) requests for admissions (admitting the truth of statements under oath);
4) depositions (questions which are usually in person and recorded); and 5) physical and mental examinations. There is also a sixth Discovery device: 6) subpoenas duces tecum (requests for documents from other persons).
These devices can be used by pro se parties (people representing themselves) as well as attorneys.
In Florida, part of the Discovery process includes Mandatory Disclosure, which is a rule requiring the parties to exchange particular documents. Mandatory Disclosure applies in any proceeding for permanent financial relief, including any request for child support; alimony, equitable distribution of assets or debts, or attorney’s fees, suit money, or costs.
