Discovery - Divorce Cases - An Explanation
Discovery is the process in which each party "discovers" or learns all facts which they may use to fight for their case. This process takes the form of questions, requests for documents, and descriptions of proposed evidence.
Discovery is a court-enforced process. If you do not comply with discovery requests from the other party, the court may hold you in contempt. It is normally a good policy to comply with requests because courts look favorably on the party who does, and unfavorably on the party who does not comply.
The major discovery terms you will hear are:
- Interrogatories: a list of questions the opposing side must answer
- Financial Disclosure: a type of interrogatory
- Requests for Production: a request for a copy of a document
- Subpoena: a court order for a witness to appear with or without requested documentation
- Depositions: recorded testimony of witnesses - not done at the courthouse
Discovery requests are not filed with the court. They are for the use of the opposing party. The court will normally set a cutoff date for discovery requests. The cutoff date is normally expressed as a number of days before the final hearing.
Q: How do I go about asking for information from my spouse?
A: You would sent a legal pleading to your spouse known as a "Request to
Produce" A good alternative is to send your spouse the "Standard
Family Law Interrogatories."
Q: My spouse refuses to send financial information. Now what?
A: You must file what is referred to as a "Motion to Compel" and hold a
hearing with the judge. Many times, if your spouse wrongfully does
not comply with a request, the Court will award you the cost of your
attorney fees you spent to attend that hearing.
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Divorce can be the single most important event in your life. Make sure you gather lots of information so you can make informed decisions. Many people can benefit from the advice of a good, honest, loyal divorce attorney. The Divorce Center can provide a divorce attorney that can help you protect yourself. A lawyer is not an expense in a divorce case - they are an investment. We help clients in Hernando County, Pasco County, Pinellas County, and Hillsborough County. Our service area includes Tampa, Clearwater, Largo, New Port Richey, Brooksville, Dade City, and the New Tampa area. CONTACT US NOW or call 888-469-3486