Discovery helps you avoid ‘ambush’ in divorce case


We all know divorce is not something anyone hopes will happen. It can be a painful, drawn out process that, in some cases, takes several years. One of the most tedious parts of a divorce can be the process of Discovery.

divorce_petitionDiscovery is a process when the parties in the divorce work to get information from the other side or other people. Discovery usually begins a short time after one spouse starts legal proceedings and may go on until a settlement is reached or before trial. This process enables both parties to know before the trial begins the evidence that may be presented. It’s designed to prevent “trial by ambush,” where one side doesn’t learn of the other side’s evidence or witnesses until the trial.

Documents that are usually requested in Discovery have information related to each party’s economic, financial, and personal situations. These can include documentation on how much property each party owns, the debt they’ve incurred, their income, many years of tax returns, loan applications, and life insurance policies, among a long list of items requested during this process.

Part of Discovery includes Mandatory Disclosure. This is a rule that requires both parties to exchange certain documents in any proceeding for permanent financial relief. These documents must be served on the other party within 45 days of the dissolution of marriage petition being served. The documents could include a request for child support, alimony, proper distribution of assets or debts, attorneys’ fees, suit money, or costs.

The Discovery process is a good way to get financial information from an uncooperative spouse because the court can order that spouse to comply. If your spouse refuses to produce the documents, the court may punish your spouse by imposing a “sanction,” which can include fines or even a judgment against your spouse on a specific issue. Subpoenas for depositions or documents are two other discovery tools we frequently use.

The Discovery process is generally the most time consuming part in any divorce. The more knowledge you have about your finances and your spouses’ finances the easier it will be to narrow down the search in discovery.

For more information on divorce and family law issues, email Keith@AttorneyGrossman.com, or call toll free: 877-687-1392, or locally: 239-210-7516.

Interested in learning more about the emotions that can surface during a divorce, read my free e-book, “Does Every Divorce Need a Shark?”

Does Every Divorce Need a Shark?


Parenting plans required during divorce in Florida


When a couple with children divorce, the situation can be tough for all involved, especially the children. A parenting plan is something that can make this situation easier on the kids.

In Florida, a parenting plan is required in all cases involving time-sharing with minor children, even when time-sharing is not in dispute. A parenting plan must primarily take into consideration the best interests of the children. We work with our clients to help devise a parenting plan that is tailored to their families’ needs. At the very least, the parenting plan will outline parental responsibility, a parenting time schedule, and child support.

Effects of DivorceThe plan must outline how the parties involved will share and be responsible for the daily tasks associated with raising children. It should also specify the time that the children will spend with each parent, who will be responsible for any and all forms of health care, school-related matters, and the methods by which parents will communicate with the children.

When an agreement has been reached, both parties must sign the parenting plan. After completing the plan, it should be filed with the clerk of the circuit court in the county where the divorce petition was filed. If the parties are unable to reach a consensus on the terms of the parenting plan, then the Judge will ultimately enter a parenting plan that he or she believes is in the best interest of the children based on the evidence presented at trial.

We encourage our clients to take the time to iron out the details of the parenting plan with the other parent. As the children’s parents, they have a better understanding about what is important to them and what is in the children’s best interests. They can be more creative than a Judge in fashioning whatever schedule would work best for their family.

For more information on divorce and family law issues, email Keith@AttorneyGrossman.com, or call toll free: 877-687-1392, or locally: 239-210-7516.

Interested in learning more about the emotions that can surface during a divorce, read my free e-book, “Does Every Divorce Need a Shark?”

Does Every Divorce Need a Shark?