Discovery is a crucial part of the divorce process, as it allows the parties and court to evaluate community debts and assets. As such, if the court limits or denies a party’s discovery requests, it may impair their right to assert certain claims or arguments. Recently, a Florida court discussed the right to obtain discovery of a party’s assets in a matter in which the court reversed the trial court’s denial of a discovery request related to property awarded to a party in the judgment of dissolution. If you are concerned about how divorce may impact you financially, it would benefit you to meet with a Miami divorce attorney as soon as possible.
It is reported that the husband and wife divorced in 2008. Pursuant to the final judgment of dissolution, the husband was ordered to pay the wife permanent alimony of $13,000 per month. In 2019, the wife filed a motion for content and enforcement due to the fact that the husband failed to make a required alimony payment.
Allegedly, the husband filed a motion to modify the alimony obligation in response. The wife then sought discovery regarding the husband’s finances, including information about the husband’s sale of an asset that was awarded to him in their divorce settlement. The husband objected to the request, and the court found in favor of the husband, limiting the wife’s discovery with regard to the sale of the asset. The wife filed a petition for certiorari, arguing that the trial court deviated from the essential requirements of the law in limiting her right to discovery. Continue reading ›