5 Situations to Pass on Discovery (and 5 When You Shouldn’t)
Discovery is a powerful phase of some divorces. It allows both spouses to request information, exchange financial documents, and investigate assets or income that may impact property division, alimony, or child support. In some cases, discovery is essential. In others, it might be unnecessary and could prolong the divorce and increase legal costs.
Knowing when to move forward with discovery can help spouses protect both time and resources. A West Palm Beach family attorney can listen carefully to the details of your position and advise you on if passing on discovery may be a reasonable choice.
When to Waive, Limit, or Pursue Discovery
In amicable and low-conflict separations, it may make sense to waive discovery. This could be true for one or more of the following reasons:
- Everything is fully transparent. If both spouses have already exchanged financial information voluntarily and there is a high level of trust, formal discovery may not add value.
- No real disputes exist. When parties agree on property division, parenting schedules, and support, discovery may only confirm what is already acknowledged.
- Marriage was short or had minimal assets. In cases involving minimal marital property, no business interests, and straightforward income, extensive document exchange may be unnecessary.
- Cost control is the priority. Discovery can be expensive, particularly if subpoenas, forensic work, or depositions are involved.
- Both parties are seeking a straightforward resolution. If the goal is efficiency and both spouses believe the financial picture is clear, limiting discovery can speed up the divorce and reduce emotional tension.
Of course, choosing to skip discovery should be an informed decision, not an automatic one.
It’s important to talk through your options with a seasoned legal expert. Because, there are times when discovery is too important to skip, such as:
- Signs of hidden assets. Should one spouse suspect the other of concealing bank accounts, cryptocurrency, business revenue, or property, discovery becomes essential.
- Unequal control of finances. When one person manages the accounts, investments, or taxes during the marriage, discovery ensures full financial clarity.
- High net worth. Complex assets such as real estate portfolios, partnerships, or family businesses require detailed evaluation.
- Support or alimony is contested. Proving income levels, employability, or lifestyle expectations often requires tax returns, payroll records, and financial statements.
- History of distrust. If past behavior raises concerns about honesty or responsible financial management, formal discovery protects against imbalance.
Skipping discovery when there are concerns may lead to financial disadvantage or agreements that fail to reflect true marital value.
Legal Guidance Helps You Decide Strategically
Discovery is not one-size-fits-all. A West Palm Beach family attorney can assess your situation, determine whether discovery is necessary, and design a strategy aligned with your goals. Even amicable divorces benefit from professional review to ensure no crucial information is missed. With guidance, spouses can pursue fair agreements while managing costs and maintaining control over the outcome.
Should you pursue more information by requesting a discovery process? The skilled lawyers at Bruce S. Rosenwater & Associates are available to help you understand when to pursue discovery and when to pass. Schedule a confidential consultation today.
