What Is Discovery During A Florida Divorce?

The divorce process in Florida has many steps. One of the most important of these is the discovery phase of a case. Essentially, the discovery process allows each side to exchange documents and obtain information from the other party. The purpose of discovery is to allow each side to be fully informed about all the facts of the case before it proceeds. The discovery process can be fairly straightforward, or it can become quite complex. Below, our Tampa divorce attorney explains further.

Mandatory Discovery

In all divorce cases, each party must submit a financial affidavit. There are different affidavits depending on whether a person earns less than $50,000 annually, or more than that amount. It is important to take great care when filling out a financial affidavit. It is a time-consuming process and you will have to swear under oath that the information contained within the affidavit is true. It is always best to have a Tampa divorce attorney review the affidavit to ensure the information contained within it is true.

The financial affidavit is just one of many documents required during the discovery phase. Others include:

• All federal and state tax returns
• IRS forms such as the W-2 and 1099 if the income tax return has not yet been prepared for that year
• Pay stubs and other documents that prove a party’s income for the three months prior to the drafting of the financial affidavit
• A statement pertaining to the source of income, and amount earned, for the three months prior to the drafting of the financial affidavit, if pay stubs have not been produced
• Any financial statements or loan applications prepared within 12 months before the drafting of the financial affidavit
• All current leases, deeds, and promissory notes within the last 12 months
• Statements from all checking accounts for the past three months, and statements for all other accounts for the past 12 months

The above are just a few types of documents you must submit during the discovery process. A divorce attorney can advise on the full list of documents you will need and can help you collect them.  Depending on whether your case is contested or uncontested will also be a factor in how much discovery you must produce.  Sometimes by agreement of the parties, much of it can be waived.  This will depend upon the judge.

Non-Mandatory Discovery

No two divorce cases are exactly the same and the facts in your case will differ from the facts in another. This extends to discovery. For example, if you own a business, you will have to produce a great number of additional documents during the discovery phase. The matter can become quite complex and you only have a limited amount of time to submit your paperwork. A Tampa divorce lawyer will ensure your documents are prepared properly and submitted on time.

Call Our Divorce Attorneys in Tampa Today

There are many aspects of any divorce case and at All Family Law Group, P.A., our Tampa divorce attorneys can help you through all of them. Call us now at 813-672-1900 or contact us online to schedule a free consultation and to learn more about how we can help with your case.  Se habla Español.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html