The Process of Divorce and How Skipping Discovery Can Save Money

Discovery is a powerful tool, but it’s not always necessary. For couples with straightforward finances and cooperative communication, skipping discovery can save substantial time and money. A Port St. Lucie family law attorney can evaluate your case, advise on whether discovery is necessary, and help you navigate the divorce process efficiently while safeguarding your legal rights.

The Divorce Process in Florida

In Florida, the divorce process typically follows these basic steps:

• Filing the petition. One spouse files a petition for dissolution of marriage in the local circuit court, outlining the grounds for divorce and the relief sought, such as child custody, support, or property division.
• Serving the petition. The other spouse is served with divorce papers and given an opportunity to respond.
• Financial disclosures. Florida requires both parties to exchange financial information, including income, assets, debts, and expenses. This step lays the groundwork for settlements or, if necessary, litigation.
• Discovery (if necessary). Discovery is the process by which each spouse gathers detailed information about the other party’s finances, assets, or conduct that may affect property division, alimony, or custody decisions.
• Settlement or trial. Many divorces are resolved through negotiation or mediation. If parties cannot agree, the case proceeds to trial, where a judge decides contested issues.

Discovery is essential in divorces where one party may be concealing information that affects equitable distribution or the marriage involves complex interests. It could also be part of the resolution process if there are disputes over child support and alimony amounts.

When discovery is necessary, there are a range of tools available. It’s important to recognize that some of these can be time-consuming, add to divorce costs, and adversarial, adding to both financial and emotional strain. For instance, there may be depositions, sworn testimony given in person, or requests for admission, which are statements that must be admitted or denied.

Forgoing Discovery Can Reduce Costs

Skipping formal discovery can streamline the process. Instead, spouses can focus on mediation, settlement discussions, or collaborative divorce techniques. This is an optimal path forward if a couple has transparent financial records or owns relatively simple assets, like a family home and savings accounts.  However, there exists mandatory discovery requirements.  All parties must complete a financial affidavit.  Attorneys also require items like bank statements, credit card statements, retirement account information and the like to be disclosed. Florida Rules of Family Procedure include those items in what is called “Mandatory Disclosure.”  Skipping discovery is dangerous and any unknowns cannot be revisited once the final order is entered.
For example, if a couple has no hidden assets and agrees on the division of property, using discovery tools may provide little benefit but add significant expense. In these cases, a Port St. Lucie family law attorney can help facilitate voluntary disclosure agreements, ensuring both parties exchange the necessary information without the full cost of formal discovery. Divorce can be one of the challenging experiences a family goes through, but a seasoned lawyer can smooth out some of the bumps.

Have you discussed if discovery is necessary with an attorney? When you understand the role of discovery, you can make informed decisions and potentially save time and money. While discovery is an essential part of some divorces, in certain situations it may not be needed, allowing parties to resolve issues more efficiently. Share your unique concerns with the legal team at Baginski, Brandt & Brandt. To schedule a confidential consultation, simply reach out.