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Discovery is the process where each party to a law suit obtains evidence from the other party through the rules of civil procedure. In a Florida divorce, initial discovery must be exchanged at the beginning of the case (within 45 days of when the petition for divorce or complaint was served). This initial discovery is called Mandatory Discovery. After Mandatory Discovery, formal discovery may take place. Discovery may take the form of interrogatories, requests for production, requests for admission and depositions. Informal discovery or information gathered from the party's own personal records is typically easier to get and much more cost effective than sending formal discovery to the opposing party for such information. Informal discovery may be undertaken by the parties at any time. 

  • Mandatory Discovery

    It is mandatory that the parties disclose certain documents and financial information, including a financial affidavit within 45 days of when the petition for divorce or complaint was served.
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  • Formal Discovery

    Typically the scope of discovery is fairly broad. The parties may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter of the pending action.
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  • Informal Discovery

    Informal discovery, or information gathered from the party's own personal records is typically easier to get. For things like discovering hidden assets and evidence of cheating and...
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Interrogatories

Interrogatories are a set of written questions. The responding party is required to answer the questions fully and under oath.

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Requests for Production

A Request for the production of documents allows one party to gather evidence by serving another party with requests to produce documents related to the divorce action.

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Depositions

Depositions allow one party’s attorney to question and confront the opposing party in person. Essentially, a deposition is a compelled sworn statement.

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Requests for Admission

A party may request that the opposing party make certain factual admissions regarding the pending litigation, including statements or opinions of fact, the application of law...

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