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What is 'discovery'?

During a divorce, the last thing you may want to do with your soon-to-be ex is to sit down and go through all your financial documents together. Thankfully, you don't have to do this. 

During a divorce, you and your ex will each collect any and all financial documentation and then exchange this information in a process called discovery. This sharing of information is intended to allow each person to have a clear and comprehensive look at the marital and separate assets at stake in a divorce and to scrutinize these details with their attorney.

In fairly amicable or straightforward cases, this exchange of information is informal. After reviewing the information, it may be unnecessary to challenge or question the data included in the documentation and the division of property process can move forward.

However, in more contentious cases or when your financial picture is more complicated, it will not be unusual for you or your spouse to raise questions, ask for clarification or request more information. This can be done through interrogatories, requests for admission or depositions.

Discovery is a crucial aspect of divorce and can make a considerable difference when it comes to determining who gets what in the split. Because Florida is a state that complies with equitable distribution laws, property will be divided in a manner deemed equitable or fair. In order for this to happen, both people must be clear and honest about their financial assets and liabilities.

The discovery process ensures that both sides have the opportunity to disclose and scrutinize financial documentation. Having an attorney by your side during this process will allow you to take the legal steps necessary to protect you and your financial future after divorce.

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