Family law interrogatories Florida are governed by Florida Family Law Rule of Procedure 12.340. It is important to note that divorce (dissolution of marriage) and family law (paternity) actions are a process. Generally, once a party has filed a petition and the other side has responded with an answer and/or a counterpetition, the parties must comply with their mandatory disclosure requirements pursuant to Rule 12.285. (This may not be entirely necessary if a divorce is uncontested). A review of discovery documents produced by the opposing party (bank statements, credit card statements, pay stubs, health insurance cards, deeds to properties, car loan documents, etc.) often raises many important questions. Have the parties disclosed all their sources of income? Are there unanswered questions about a party’s finances? Beyond finances, there are other questions that often need to be answered for a case to be resolved by mediation, or for your lawyer to commence family law trial preparation. Consider propounding (serving) Family law interrogatories Florida onto the other party and his/her attorney of record. The more you know, your understanding of the issues in your case may help you decide how best to proceed with settlement or litigation. Jonathan Jacobs is a divorce and family law attorney in Orlando and Clermont, as well as throughout Central Florida. Call today 407-335-8113 for your consultation.
Rule 12.340 Interrogatories to Parties
As your attorney, we do not need to ask the court’s permission to serve written interrogatories on your former partner or spouse. Even better, according to Florida Family Law Rule 12.280(c)(1) “Parties may obtain discovery regarding ANY MATTER, not privileged, that is relevant to the subject matter of the pending action…It is NOT GROUNDS FOR OBJECTION that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.” This Rule allows a wide berth wherein probative questions may be asked provided they are relevant to your case and may lead to the discovery of evidence the court will admit during the course of your litigation.
Florida Family Law Interrogatories
Now that you know the general purpose of Florida family law interrogatories, let’s mention some specific issues you may choose to inquire about. Perhaps your spouse’s bank statements show multiple deposits through Zelle or Cash App, and those monies are not accounted for in their financial affidavit. You need to know if those deposits are a source of recurring income for alimony, child support, and other equitable distribution purposes/calculations. If yours is a paternity case, those deposits may need to be accounted for in child support calculations. Another topic often inquired into is whether your spouse has spent lavishly on their romantic partner. Did your spouse spend marital monies on their partner? How much, when, why, and with whom? Often, parents choose to inquire through Family law interrogatories Florida about their ex partner’s parental mishaps. Why did a parent fail to bring their child to school several times, causing unexcused absences to hurt the minor child’s grades?
Of course, these topics are a non-exhaustive list of Florida Family law interrogatories you may choose to serve on the other party. Interrogatories are a fact-finding mission with broad scope. They are generally a precursor to depositions and are designed to kindle a settlement or prepare for divorce trial. Ultimately, if depositions, deposition transcripts, and court reporters are too expensive, Family law interrogatories Florida may be a good option for you. Consult with your attorney and remember that the more information and background you provide to them, the more questions they may be able to ask to the other party. Call the Jacobs Law Firm today for answers to your family law questions. 407-335-8113.