Florida Divorce Discovery Process: What to Expect (2026 Guide)
What is discovery in a Florida divorce? Learn about interrogatories, requests for production, depositions, and mandatory disclosure requirements. Complete guide to the discovery phase.
What Is Discovery in a Florida Divorce?
Discovery is the legal process of gathering information and evidence from your spouse (and sometimes third parties) during a divorce. It's how you find out what assets exist, what debts are owed, and what your spouse is really earning.
Under Florida Family Law Rules of Procedure, both parties have the right to obtain relevant information from each other. Discovery can be simple (just exchanging documents) or extensive (depositions, subpoenas, forensic accountants).
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Types of Discovery in Florida Divorce
1. Mandatory Disclosure (Required in ALL Cases)
Florida Family Law Rule 12.285 requires automatic disclosure in every dissolution case. You don't have to ask for this—it's required.
Within 45 days of service, each party must provide:
Financial Documents:
- Tax returns (last 3 years)
- Pay stubs (last 3 months)
- Bank statements (last 3 months, all accounts)
- Credit card statements (last 3 months)
- Investment/retirement account statements
- Loan applications (last 12 months)
- Financial Affidavit (Florida Family Law Form 12.902(b) or (c))
Insurance:
- Health insurance cards and coverage information
- Life insurance policies
- Auto and property insurance declarations
Other:
- Deeds to real property
- Vehicle titles
- Business ownership documents
Failure to provide mandatory disclosure can result in:
- Court sanctions
- Attorney fees awarded to your spouse
- Adverse inferences (court assumes you're hiding something)
- Contempt findings
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2. Interrogatories (Written Questions)
Interrogatories are written questions that must be answered under oath within 30 days.
Standard family law interrogatories cover:
- Employment history and income
- Assets owned (now and during marriage)
- Debts owed
- Monthly expenses
- Other litigation or bankruptcies
- Witnesses who have relevant information
Rules:
- Limited to 30 interrogatories (including subparts) in Florida family law
- Must answer under oath
- Objections must be stated specifically
- 30 days to respond (can request extension)
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3. Request for Production of Documents
This is a formal request for your spouse to provide specific documents.
Common requests include:
- Complete tax returns (including all schedules)
- Business financial statements
- Loan applications
- Bank records beyond mandatory disclosure period
- Emails or text messages about finances
- Social media posts
- Credit card statements (full history)
- Prenuptial or postnuptial agreements
- Estate planning documents (wills, trusts)
Response time: 30 days
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4. Depositions
A deposition is live testimony under oath, typically at an attorney's office with a court reporter.
Why depositions matter:
- See how your spouse responds under pressure
- Lock in their testimony (can be used at trial if story changes)
- Discover information you didn't know to ask about
- Evaluate their credibility
Who can be deposed:
- Your spouse
- Your spouse's employer or business partner
- Financial advisors or accountants
- Witnesses with relevant information
Cost: Depositions are expensive. Court reporter fees, transcript costs, and attorney time can run $1,000-$5,000+ per deposition.
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Discovery Timeline in Florida Divorce
| Event | Deadline |
|---|---|
| Mandatory disclosure | Within 45 days of service |
| Interrogatories response | 30 days from receipt |
| Request for production response | 30 days from receipt |
| Request for admission response | 30 days (or deemed admitted!) |
| Depositions | Must be completed before trial |
| Discovery cutoff | Typically 30-45 days before trial |
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What Happens If Your Spouse Doesn't Comply?
If your spouse fails to provide discovery responses, you can:
Step 1: Good Faith Effort
Contact opposing counsel (or your spouse if pro se) in writing. Document your attempts to resolve the issue.
Step 2: Motion to Compel
File a motion asking the court to order compliance. Courts typically grant these if requests are reasonable.
Step 3: Sanctions
If your spouse still doesn't comply, the court can:
- Order them to pay your attorney fees
- Prohibit them from presenting certain evidence at trial
- Draw adverse inferences (assume missing info is unfavorable to them)
- Find them in contempt of court
- Enter default judgment on specific issues
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Cost of Discovery
| Discovery Type | Typical Cost |
|---|---|
| Mandatory disclosure (DIY) | $0 (your time) |
| Mandatory disclosure (attorney help) | $295-$795 |
| Interrogatories | $500-$1,500 per set |
| Document requests | $300-$800 per set |
| Depositions | $1,000-$5,000+ each |
| Subpoenas | $200-$500 each |
| Forensic accountant | $5,000-$25,000+ |
Strategy tip: In straightforward cases, mandatory disclosure may be sufficient. Save aggressive discovery for cases with hidden assets or disputed values.
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About the Author
Antonio G. Jimenez, Esq.
Florida Bar #21022 · 20+ Years Experience · LL.M. Trial Advocacy
Antonio is the founder of Divorce.law and creator of Victoria AI, our AI legal intake specialist. A U.S. Navy veteran and former felony prosecutor, he has handled thousands of family law cases across Florida. He built this firm to deliver efficient, transparent legal services using technology he developed himself.
Have questions? Ask Victoria AIFrequently Asked Questions
What is mandatory disclosure in Florida divorce?
Under Florida Family Law Rule 12.285, both spouses must automatically exchange financial documents within 45 days of the divorce being filed—no request needed. Required documents include 3 years of tax returns, 3 months of pay stubs and bank statements, a Financial Affidavit, and documents for all assets and debts.
How long do I have to respond to discovery in Florida?
Most discovery responses are due within 30 days: interrogatories, requests for production, and requests for admission. Mandatory disclosure has 45 days. Requests for admission are particularly important—if you don't respond in 30 days, the statements are automatically deemed admitted.
What happens if my spouse won't provide discovery?
First, make a good faith effort to resolve it directly. If that fails, file a Motion to Compel asking the court to order compliance. If your spouse still refuses, the court can impose sanctions including attorney fees, adverse inferences, prohibition on presenting evidence, contempt findings, or even default judgment.
Do I need discovery in an uncontested divorce?
Mandatory disclosure is required even in uncontested cases—both parties must exchange financial documents. However, formal discovery (interrogatories, depositions, subpoenas) is typically unnecessary when both parties are cooperating and trust each other's disclosures.
What are interrogatories in a Florida divorce?
Interrogatories are written questions that your spouse must answer under oath within 30 days. Florida limits family law interrogatories to 30 questions including subparts. They typically ask about income, assets, debts, employment, and witnesses. Answers are sworn statements that can be used against your spouse if they contradict themselves later.
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