Reasons Why a Divorce Will Go Through a Discovery Process
When a Florida couple moves to divorce and there are significant assets, child custody disputes, or disagreements over spousal support involved, a legal procedure known as a discovery process may be required in order for a fair outcome to be reached.
If you’re considering or currently going through a divorce in West Palm Beach, understanding the reasons why a divorce could enter a discovery process is part of protecting your future. Discuss the details of your current situation and objectives for the coming years with a West Palm Beach family attorney.
Factors that Could Lead to a Discovery Process
Every union has its own specific issues to assess when the marriage comes to an end, but the following are primary reasons why a discovery process may be initiated.
- Asset division is complicated. A common reason for initiating a discovery process is due to the complexity of asset division. High-net-worth individuals or couples with extensive property, investments, businesses, and retirement accounts may require a meticulous financial examination.
- Income discrepancies. An accurate review of each spouse’s income is crucial, both for asset distribution and for a fair calculation of child support and alimony. If there are discrepancies, or there is the suspicion or identification of underreported income, discovery can be used to gather financial documentation and employment records so an accurate picture of each party’s financial situation can be established.
- Custody and visitation issues. Child custody and visitation rights are often negotiated by parents, but when that is not possible and there is a dispute surrounding parenting time, a Florida court may employ the discovery process to assess the best interests of the child, including interviews with children, home evaluations, or background checks.
- Debt division. Couples who carry large debt loads may have disputes about how financial personalities will be divided when the marriage comes to an end. A review of all the debts acquired during the marriage will take place, and part of the discovery process would be to identify and allocate debts fairly between the spouses.
- Complex legal concerns. Some divorces involve legal issues beyond dissolving a marital union, and some of these require a thorough investigation. If your marriage involves prenuptial agreements, postnuptial agreements, or international assets, a discovery process may be recommended so complicated concerns can be untangled.
In short, the decision to go through a discovery process or not during divorce in West Palm Beach depends on the specific circumstances and complexities of the case.
A Florida Family Lawyer Can Answer Your Questions
Discuss your circumstances with an experienced West Palm Beach family attorney. While the discovery process may extend a divorce timeline, it may be the crucial tool you need to achieve a fair and equitable resolution.
Were you contacted by your spouse’s attorney about document review? Your separation may be in the beginning stages of a discovery process. Talk to the attorneys at Bruce S. Rosenwater & Associates. Lawyers are available to guide you through the process and ensure that your rights and interests are protected. Schedule your free initial consultation today.