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Uncontested Divorces Generally Don’t Need a Discovery Phase


While many Florida couples moving to end their marriages hope for an amicable resolution, the process can sometimes feel overwhelming. For example, if you are separating and considering divorce, it is likely friends and family will share their divorce experiences with you, and some of these people could share with you their accounts of going through a discovery process.

Not every couple goes through a complicated discovery. Talk to a seasoned Orlando family lawyer about the necessity of a discovery phase and if it will apply to your uncontested divorce. Once you share your long-term objectives with a lawyer, they can guide you through the negotiation process. When both spouses are willing to compromise, it will ultimately lead to a divorce decree that reflects a mutual agreement, paving the way for a new chapter in both lives.

Clarification Needs Could Lead to a Shortened Discovery

While uncontested divorces generally bypass the intense discovery procedures seen in contested cases, there are situations where some level of discovery might be required. This can happen if there is uncertainty or lack of transparency regarding the financial assets and liabilities of the spouses. If either party suspects hidden assets, undisclosed debts, or financial misconduct, they may request the court’s involvement in the discovery process to ensure fairness and equitable distribution.

Discovery can also become necessary in uncontested divorces when child custody arrangements need further clarification. Ensuring the best interests of the children is paramount, and if there are concerns about parental fitness or the need for a more detailed parenting plan, the discovery phase may be invoked to gather relevant information.

In short, while the discovery phase is a critical aspect of some divorce proceedings, its prominence varies based on the nature of the case. If both parties agree on major issues such as property division, child custody, and spousal support, which is true in a lot of uncontested divorces, the need for discovery is greatly diminished. Uncontested divorces are designed to be more straightforward, with couples aiming to streamline the process and reach a mutual agreement without protracted legal battles.

Negotiation Will Serve as a Bridge to Your Desired Divorce Decree

A skilled family lawyer will facilitate negotiations throughout the divorce process, ensuring that the discovery phase, if needed, is as efficient as possible. A primary benefit of involving a family lawyer in an uncontested divorce is their ability to promote effective negotiation between spouses. Skilled negotiation can bridge the gap between differing perspectives, helping couples find common ground and reach agreements on crucial issues.

Also, a seasoned Orlando family lawyer could act as a mediator, guiding discussions and offering creative solutions that align with both parties’ needs and preferences. By fostering open communication and compromise, spouses often avoid the discovery phase of the process.

Is an uncontested divorce possible for you? Discuss where you are today and where you want to be in the future with the lawyers at Donna Hung Law. With skilled legal assistance, the uncontested divorce journey will be less stressful and more manageable. Call 407-999-0099 or contact us online to schedule a consultation.