What Is Involved in the Discovery Process of a Miami Divorce?

 Posted on October 08, 2024 in Divorce

When a couple in Florida decides to get a divorce, there are several steps they need to go through before their marriage is officially and legally over. One of the most important stages is called the discovery process. During this stage, both spouses have the chance to get essential information from each other to help avoid surprises down the line and to encourage a fair division of responsibilities and marital assets. To learn more, speak with an experienced Miami, FL family law attorney.

Why is Discovery Important During Divorce?

When a couple gets a divorce, they need to draft a settlement that addresses all the ways their lives will now continue separately. Whether they are considering how to split their parental responsibilities, finances, or anything else, it would be impossible to calculate a fair division without having all the necessary information. 

Some couples maintain an open and transparent dynamic while others keep information to themselves, so sometimes, legal measures are needed to ensure everything is disclosed. Since discovery is a legal process, there can be consequences for a spouse who does not disclose what they are required to.

Common Requests During the Discovery Process

The discovery process of a Florida divorce happens before a trial. The spouses can request information from each other so that there is a clear understanding of each spouse’s financial situation. A discovery process commonly includes:

• Interrogatories, or written questions that the other spouse needs to submit a written response to while under oath.

• Depositions, or questions asked in the presence of a court reporter. All answers must be given under oath.

• Requests for production of documentation, where each spouse can request documentation relevant to the divorce, including personal communication, financial statements, invoices for child-related expenses, property deeds, tax records, or anything else. These can be actual documents or emails, computer files, or other digital information.

• Requests for admissions, where one spouse will make statements with details that the other must confirm or deny under oath.

Schedule a Free Consultation with a Miami, FL Divorce Lawyer

Divorce can be challenging. Even a relatively friendly divorce can turn contentious if one spouse feels they are getting a worse deal or worries that they will be unable to parent their children how they want. If you are concerned about any aspect of the divorce process, understand that this is totally normal and then speak with a knowledgeable Miami, FL family law attorney. At Miami Family Law Group, PLLC, we are passionate about protecting children and helping families overcome challenges by ensuring access to all the important information that is part of a divorce. Call us at 305-520-7874 to schedule a free consultation.