Discovery is the investigation phase of a contested divorce — the formal process for getting the facts, documents, and sworn answers the other side would rather keep to themselves. It is where cases are actually won: trials merely announce what discovery already proved. Here is how discovery works in a Florida divorce, tool by tool, from The Law Office of John Vernon Moore, P.A. in Melbourne.
Where Discovery Fits
Every financial case starts with mandatory disclosure — the automatic 45-day exchange of core documents. Discovery is everything beyond that floor: targeted, adversarial, and enforceable. In an amicable case you may need none of it. In a case with a business, disputed income, parenting allegations, or suspected hidden assets, discovery is where the truth gets extracted.
The Five Main Tools
Interrogatories — written questions answered under oath, best for locking in positions and inventorying accounts, employment, and claims. Requests for production — demands for documents and data: statements, contracts, texts, business records. Both are covered in depth in our guide to interrogatories and requests to produce. Requests for admission — statements the other side must admit or deny, powerful for narrowing trial issues and shifting fee exposure. Subpoenas — the reach beyond your spouse: banks, employers, payment apps, and business partners produce records your spouse never gets to filter. Depositions — live, sworn questioning before a court reporter, the single best tool for testing credibility before trial; our deposition guide covers how to survive and use them.
Electronic Evidence: The Modern Battleground
Texts, emails, social media, payment-app histories, and location data are all discoverable when relevant — and they decide modern family cases more often than bank statements do. Two rules keep clients out of trouble. First, preserve everything: deleting messages or wiping devices after litigation begins is spoliation, and judges punish it with adverse inferences and sanctions. Second, collect lawfully: logging into your spouse’s accounts without authorization or secretly recording calls violates Florida law (a two-party consent state) and can convert good facts into inadmissible evidence — and you into a defendant. If it matters, get it through discovery, where it arrives admissible.
When the Other Side Stonewalls
Evasive answers, blown deadlines, and “lost” documents have a standard escalation path: a good-faith conferral letter, then a motion to compel, then sanctions under Rule 12.380 — fee awards for the motion, exclusion of undisclosed evidence, adverse inferences, and in extreme cases striking pleadings. Judges in Brevard County see stonewalling for what it is, and the fee awards mean obstruction literally funds the other side’s lawyer. Discovery abuse is a strategy that loses twice.
Proportionality: Discovery Without Burning the Estate
Discovery is powerful and billable — every request generates review time on both sides. Good counsel scales it to the case: a wage-earner divorce with W-2s and two bank accounts rarely justifies depositions; a self-employed spouse with a cash-heavy business almost always does. We plan discovery backwards from what the case actually turns on — support numbers, valuation dates, parenting facts — and skip the fishing expeditions that pad bills without moving outcomes. That judgment, knowing where the case pivots, is what controls costs in litigation.
Frequently Asked Questions
How long does discovery take?
It runs alongside the case — typically the second through sixth months of a contested divorce, longer when experts or obstruction are involved. See the full divorce timeline.
Can my spouse see my texts and social media?
If they are relevant to an issue in the case, generally yes through proper requests. Assume everything you have written since the marriage began could be an exhibit — and stop posting now.
Do I have to answer questions about my new relationship?
Relevance is the filter: finances shared with a new partner can matter to support; the relationship itself usually matters little in a no-fault state unless children are affected. Objections exist for genuinely improper questions.
What if answering honestly hurts my case?
Answer honestly anyway — with counsel shaping scope and context through proper objections. Lies under oath convert a bad fact into a lost case; managed honestly, most bad facts are survivable.
Build the Record That Wins
Our team brings over 89 years of combined experience to knowing which stones to turn and which to leave. Call (321) 529-7777 or contact us online for a free 30-minute consultation.