Florida Divorce: Your Guide to Discovery
If you are involved in a disputed Florida family law case, it is imperative that you have a basic understanding of a legal process known as ‘discovery’. Essentially, discovery is a formalized pre-trial legal procedure through which opposing parties to a case are required to exchange evidence and information. Here, our top-rated Orlando divorce attorney highlights five of the basic discovery tools that are typically important in Florida family law claims.
Florida Family Law: The Tools of Discovery
- Interrogatories
Interrogatories are one of the main discovery tools that an attorney can use in a family law case. An interrogatory is a set of written questions that your attorney will send to your spouse or to another relevant party. By law, any person receiving an interrogatory has an obligation to answer legitimate questions both honestly and directly.
- Depositions
Depending on the circumstances of your specific case, your attorney may wish to conduct a deposition. A deposition is the process through which your attorney will seek testimony, under oath, from another party. You may wish to depose your spouse or any other person who has information that is relevant to your case.
- Requests for Admission
Ultimately, all legal cases must be built on facts. To establish facts, you may want to use a discovery tool called a Request for Admission. This is a specific request to make it clear to the court that both sides of the cases agree that a certain fact or assertion is actually true. This is a valuable legal tool, as it can help to frame your case effectively and can reduce the amount of things that will need to be ruled on by a judge.
- Requests for Production
When your Orlando divorce attorney files a Request for Production, they are seeking specific documents or records from another party. For example, if you believe that your spouse has hidden assets, your attorney can file a Request for Production, seeking to have certain financial records turned over for review. Under the law, parties are supposed to turn over relevant information.
- Subpoenas
Finally, if you are having a hard time getting certain records or information from another party, your Florida divorce lawyer may need to seek a subpoena from the court. A subpoena is the discovery tool that is used to enforce all other discovery tools. Specifically, a subpoena is a command, issued directly by a judge, that compels a person or entity to perform a specific action. If your spouse (or any other party) is unwilling to cooperate, you may need to seek a subpoena to protect your right get information or evidence.
Get Family Law Help in Central Florida
At the Law Offices of Steve W. Marsee, P.A., we have extensive experience handling very complex divorce cases. If you getting divorced in Central Florida, please do not hesitate to contact us today for immediate assistance with your case. Our firm is located in Orlando, and we represent clients throughout Orange County, including in Winter Garden and Winter Park.
Resource:
law.cornell.edu/wex/discovery
