When you are going through a divorce, it is natural to worry about whether everything will come out fairly. One of the most important parts of a Florida divorce that ensures fairness is called discovery.
Discovery may sound like a technical legal term, but at its core, it is about information. Both spouses are required to share financial and personal details so the court has the full picture before making decisions. Without this step, property division, alimony, and child support would be based on guesswork.
What Discovery Means in Florida Divorce Cases
Florida law requires both spouses to provide certain financial documents within 45 days of the divorce petition being served. This is called mandatory disclosure. It ensures that both sides know the truth about income, property, debts, and expenses.
Discovery can include:
- Financial affidavits showing income, expenses, assets, and debts
- Tax returns, pay stubs, and bank statements
- Retirement account or pension statements
- Credit card bills, mortgage documents, and loan information
- Business records if one spouse owns a company or professional practice
The purpose is fairness. If one spouse hides money or property, the court cannot divide things equitably. Discovery helps prevent that from happening.
Different Tools Used in Discovery
In addition to mandatory disclosure, attorneys may use other discovery tools to gather information, especially in more complex cases. These can include:
- Interrogatories: Written questions that must be answered under oath
- Requests for production: Asking for specific documents or records
- Depositions: Formal questioning of a spouse or witness, recorded by a court reporter
- Subpoenas: Legal orders requiring third parties, such as banks, to provide documents
These tools are designed to uncover the truth, especially if there are concerns about hidden assets or financial dishonesty.
Why Discovery Matters
Discovery is not just paperwork. It is the foundation of decisions about property division, child support, and alimony. For example:
- A complete financial affidavit helps the court set fair child support based on Florida’s guidelines.
- Retirement account statements show what assets are marital property and subject to division.
- Business records help determine the value of a company that was built during the marriage.
Without discovery, one spouse could end up with an unfair share or be left without the support they need.
The Emotional Side of Discovery
It can feel overwhelming to gather all the required documents, especially when emotions are already running high. Some people feel exposed or even judged when asked to hand over so much personal information. These feelings are normal. Remember, discovery is not meant to punish you. It is designed to protect both spouses by ensuring decisions are based on accurate facts.
Why Having the Right Attorney Matters
Discovery can be complicated, and mistakes can cost you financially. Having a skilled attorney means you have someone who knows what documents to request, how to spot missing information, and how to hold the other side accountable if they are not being honest.
At the Law Offices of E.F. Robinson, we have vast experience guiding clients through the discovery process. Our lead attorney, Veronica Robinson, Esq., has 30 years of experience in family law. She has handled complex cases involving hidden assets, business valuations, and contested support. With compassion and strong advocacy, our office makes sure you are fully protected during this critical stage of your divorce.
Moving Forward With Confidence
Discovery may feel intimidating, but it is one of the most important safeguards in a Florida divorce. With the right legal support, you can approach it with confidence, knowing that your rights are being protected and the truth is coming to light.
This article is for general informational purposes only. If you need advice about your specific circumstances, consult with a qualified family law attorney in Florida.
