The Discovery Process and How It Impacts Your Fort Lauderdale Divorce
If you are going through a divorce in Fort Lauderdale, you will likely hear the term “discovery.” In court cases, this is the formal process for exchanging information between litigants.
In a Broward County divorce, discovery is crucial in reaching a fair settlement. While discovery sounds technical, it is one of the most essential tools for protecting your rights. Our Fort Lauderdale divorce lawyer explains what you need to know about the process.
What Is Discovery and Why Does It Matter When Getting A Broward County Divorce?
In a Broward County divorce, both spouses must provide a full and honest disclosure of their income, assets, debts, and other key facts under Florida Family Law Rule 12.285. This is especially important when emotions are high or trust has broken down.
Discovery allows each party and the court to have a complete picture of the financial and personal matters involved. Common discovery tools include:
- Mandatory financial disclosures: Each party must complete and exchange a financial affidavit, tax returns, pay stubs, and other basic documentation.
- Interrogatories: These are questions sent from one party in a divorce to the other. These questions must be answered under oath.
- Requests for production: This represents a formal request for bank records, credit card statements, business records, appraisals, or other vital documents.
- Depositions: Out-of-court, sworn interviews where parties or witnesses answer questions from attorneys.
- Requests for admissions: Statements that the opposing party must admit or deny, helping to narrow disputed issues related to divorce proceedings.
Even in non-contested cases, discovery ensures a level playing field and helps build a solid foundation for informed decision-making.
How Discovery Can Shape the Outcome Of A Fort Lauderdale Divorce
Whether negotiating a divorce settlement or preparing for hearings in the Broward County Family Court, ways in which discovery can significantly impact your case include:
- Revealing hidden assets: Discovery can uncover undisclosed accounts, underreported income, or attempts to undervalue property.
- Determining spousal and child support: Accurate income documentation is essential for calculating fair support payments.
- Valuing marital property: Discovery helps assess the value of homes, businesses, investments, and retirement accounts.
- Challenging or defending prenuptial agreements: Discovery may reveal whether your prenup was signed with full disclosure or without.
- Resolving contested parenting issues: Medical records, school documents, or social media may come into play in time-sharing disputes.
- Supporting modification requests: If circumstances have changed since the original order, discovery can provide the evidence to support requests for changes.
The discovery process also helps limit surprises at trial and often encourages early settlement by showing both parties the strengths and weaknesses of their case.
Work with a Fort Lauderdale Divorce Lawyer Who Knows the Discovery Process
At Vanessa L. Prieto Law Offices, we take the discovery process seriously because we know how much it can shape your financial future and your family’s well-being. Our Fort Lauderdale divorce lawyer will guide you through each step, from gathering documents to challenging incomplete or misleading disclosures from the other side. To protect your rights throughout the process, call or contact us online. Schedule a consultation today.
Sources:
supremecourt.flcourts.gov/content/download/345287/file/01-2344_rule.pdf
browardclerk.org/Divisions/Family
