This is the next post in my series on the division of marital property and debts in a Melbourne, Florida divorce. My last article explained how Florida divides martial property as a general matter. It is important to understand that ours is not a “community property” state. Instead, assets and debts are divided on an “equitable” basis. What the Court considers to be equitable will always depend on the specific facts of a case. Speaking with an attorney sooner, rather than later, can assist you with getting a grasp on your situation. In this article I will discuss how to acquire proof that items are part of the marriage or separate. If you require assistance then contact my office today to speak with a lawyer.
Discovery is important in Melbourne divorce cases which involve property disputes
Discovery is the process by which information is gained from the other side in a legal matter. I previously discussed the use of discovery in child custody cases. Many of these same concepts apply to disputes over property division. The process may be used to acquire written records (such as bank statements, receipts, etc.). It can also be used to require that one party answer written questions (such as requests to identify accounts). Also, the process may be used to require a party, or other witnesses, to answer questions under oath in the presence of a Court Reporter.
Discovery is vital to gaining proof of whether property and debts are marital or separate in nature. Say, for example, that one party is claiming that an investment account was purchased with separate funds (which would make the investment account separate property). The process would allow for the other party to obtain banking records, statements for the investment account, and any other relevant documentation. This, in turn, can be used to show how the account was actually purchased. While this example may be a simple one, it is illustrative of how discovery can be used in a Melbourne divorce.
Melbourne residents should retain a divorce attorney who is experienced in handling property disputes
If you are going through a divorce then it is important to understand that, contrary to what is shown in popular media, cases are not won with “surprise” evidence which surfaces at the last minute. Instead, all of the information which one wishes to present in a case must be meticulously gained through the discovery process. Failing to go through this process can mean that a spouse will be without needed information at trial. This can be devastating to one’s case.
If you are concerned as to how the Court will divide your assets and debts then contact my office today to speak with a Melbourne divorce lawyer. I am experienced in handling such matters and I pride myself on providing a high level of service. My office also services clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.