Divorce Disclosures and Discovery

The Florida divorce process involves several steps to finalize the divorce, and mandatory disclosures are among the essential requirements. Discovery may or may not take place in your case.

It depends on whether your divorce is contested or uncontested. Keep reading to learn more about divorce disclosures and discovery in Orlando, FL.

What Are Mandatory Divorce Disclosures in an Orlando Divorce Case?

Whether your divorce is contested or uncontested, both parties must complete and exchange mandatory disclosures within 45 days of receiving the initial divorce papers. The parties must file a Certificate of Compliance with disclosure requirements with the court.

You may be required to disclose the following financial information:

• Pay stubs for the past three months
• A financial affidavit
• Tax returns for the past three years
• W2s, 1099s, K-1s, and other evidence of income for the past year, unless you filed a tax return
• A statement of all sources of income for the past six months
• Checking account statements for the past three months
• Bank account statements for all other accounts for the past year
• Tax returns for the past three years for trusts, corporations, and partnerships
• Brokerage account statements for the past year
• Current statement for profit sharing, retirement accounts, deferred compensation, and pension plans

Other required documents include:

• All deeds for which the party owned an interest in real property for the past three years
• Loan applications for the past year
• Current promissory notes and leases for the past year
• Declaration page and last statement for life insurance and health insurance policies
• Written marital agreements
• Credit card statements for the past three months
• Evidence and supporting documents for separate (non-marital) assets
• Court orders for child support and spousal support payments

Requiring parties to exchange financial disclosures helps ensure transparency when negotiating a divorce settlement. If you believe there is other information or evidence your spouse has not submitted, your attorney can use discovery tools to request the information and documentation.

Discovery Process in an Orlando Divorce Case

During the discovery phase of a divorce, parties can use various legal tools to obtain additional information and evidence from their spouse or third parties.

The discovery tools your attorney may use in your divorce case include:

Depositions

Your attorney can take a deposition of your spouse, witnesses, and experts. A deposition is sworn testimony outside of court. A court report records and transcribes the questions and answers for an official record that can be used in court in specific situations.

Interrogatories

Interrogatories are written questions your spouse must answer under oath. They are a cost-effective way to gather important information. 

Requests for Admissions

Your attorney prepares a list of statements. Your spouse must admit or deny each statement. They must state if they do not have sufficient information to admit or deny the statement. Requests for admissions help narrow the disputed issues that need to be resolved or litigated.

Requests for Production of Documents

A request to produce documents can be used to follow up on the information you received in response to interrogatories or a deposition. 

Your attorney can request further documents not provided in the mandatory disclosures, such as:

• The location of safety deposit boxes
• Criminal records
• Employment records
• Social media archives
• Cell phone records
• All documents referred to in the interrogatories
• Copies of opinions or reports from expert witnesses that will be presented in court

A party may object to a request, but they must have a legal reason for objecting. Otherwise, the judge will compel them to produce the documents.

Subpoena

A subpoena is a legal order that compels a party to produce specific documents or appear for testimony in a deposition or court hearing. Subpoenas may be used to obtain records you believe your spouse may have neglected to provide, such as the records of another cell phone they are hiding.

Discovery requests come with strict deadlines for responses. If additional time is needed, your attorney may request an extension. Because the responses are provided under oath, a party can face court penalties for making false statements or knowingly leaving out information.

The spouses have a duty to provide supplemental responses if they discover additional information or documents covered by a request. They must also correct information if they discover that the information provided contains an error.

Contact Our Orlando Divorce Lawyers for a Free Consultation 

At McMichen, Cinami & Demps, our experienced Orlando divorce lawyers guide you through every step of the divorce process. We thoroughly investigate all matters that impact you and your children. Our lawyers utilize all information and tools to obtain evidence to build a strong case and give you the outcome you desire. Call us now at 407-898-2161 for a free consultation with an attorney.