When getting a divorce in Florida, it is not uncommon to fear that a spouse is hiding assets that would be subject to equitable division. Since people who have these suspicions are unlikely to trust what their spouses tell them, it may be a good idea for them to do some additional investigation on their own. One way to do this is through the legal process known as discovery.
Discovery can include depositions, which are essentially witness interviews that are conducted under oath by an attorney, and written requests for documents and information. Though not everyone is honest under oath, some spouses may reveal some important information about their assets when they are questioned by an attorney at deposition. Even if a spouse lies under oath, that testimony can be used against the spouse if it can later be proven that the testimony was untruthful.
Individuals and their attorneys should also take a careful look at documents that are produced by an ex voluntarily. Going through bank account statements may reveal missing pages or missing months that may contain pertinent information. Individuals should also look for errors in the listed amounts of child support paid to an ex or unlisted assets that are known to exist.
Part of the written discovery conducted during a divorce can include interrogatories, requests for admission and requests for documents, which can include requests to inspect a safe deposit box, retirement account statements, and titles or liens on property or formal vehicles, among other things. It is also a good idea to do some inspecting outside of discovery, such as looking at social media posts that may reveal that an ex is spending a lot of money. For the discovery requests, individuals may want to engage a family law attorney for help.