One of the phases of divorce or other family law litigation, which you may find the most frustrating or time consuming for you, but which is often a vital stage of the litigation, is “discovery”. Discovery is part of the litigation procedures during which each side is entitled to receive and demand documents and records from the other; and to give the other side questions, called Interrogatories, which must be answered in writing, under penalty of perjury for false answers. Each party can take the other party’s or other witnesses “deposition”; and give the other a Request for Admissions – statements which you ask the other party to admit or deny in writing, also under penalty of perjury. Discovery is a process during which both sides can attempt to nail down any facts in dispute in the case.
For family law cases (with a few specific exceptions, e.g. adoptions, enforcement proceedings and “simplified” divorces), there is a procedure called “mandatory discovery” which requires both sides to provide to the other tax returns; pay stubs or other documentation of income; banking, investment and retirement account statements; deeds, promissory notes regarding real estate; credit card statements; and a few other items. Each party is also required to complete, file with the court, and provide to the other party a Florida Family Law Financial Affidavit. The mandatory discovery rule is Florida Family Law Rule of Procedure 12.285. The parties can waive the requirement to provide account statements and other records, but cannot waive the requirement to file a Financial Affidavit (unless the case is one of the limited types of cases to which the mandatory discovery rules do not apply). A “simplified” divorce is a case where there are no minor children, the parties have an agreement regarding financial matters, and a few other procedural requirements are satisfied, including both spouse attending the final hearing for the divorce. In a simplified divorce the parties are not required to file financial affidavits, or a written settlement agreement, if they prefer to keep their financial settlement confidential.
Important factors to remember when you are completing your mandatory discovery/disclosure, are to be thorough, truthful and efficient. Discovery can be a time consuming and expensive phase of litigation, but there are some things you can do to make mandatory discovery less costly for you if you are represented by an attorney. Your attorney will give you a list of documents and records to get together, and explain to you what you need to provide, and it is helpful to get all of the documents together and provide them to your attorney’s office all at one time. Many financial records/statements are available on line or may be in the hands of your accountant or financial advisors, and you could turn the task over to your attorney’s office, if you wanted them access your accounts on-line for you and download the statements, and contact your accountant, etc. for records.