Posted by Nydia Streets of Streets Law in Florida Divorce
Can discovery be limited in a Florida divorce? For the most part, when a party seeks discovery from the other party, there must be a showing that the discovery is relevant to the pending issues in the case. Discovery includes documents such as financial records, text messages and more. In the case Fagen v. Merrill, 2D19-2948 (Fla. 2d DCA April 17, 2020), the former husband appealed an order requiring him to produce certain financial records.
An amended agreed final judgment of divorce was entered. Thereafter, the former wife filed a motion to set aside the final judgment. This motion was pending for five years. The former wife alleged the former husband had not disclosed a significant marital asset. She asked the court to set an evidentiary hearing on equitable distribution, alimony, child support and attorneys’ fees and costs. Subsequently she filed a motion for temporary fees to defend her motion to set aside the final judgment. The court denied the former husband’s motion to strike the former wife’s request for temporary fees, but entered an order limiting discovery to certain financial records such as tax returns, pay stubs, bank records and credit card statements. The former husband filed a petition for writ of certiorari arguing he should not be forced to produce these records since they were not relevant to the pending litigation.
The appellate court held it was error for the trial court to require disclosure of the financial records. Specifically, the court stated “So unless and until the Former Wife decides to pursue her rule 1.540(b) motion, the financial information referenced in the trial court's discovery order is not relevant to any issue in this litigation. The trial court's order therefore departs from the essential requirements of law resulting in irreparable injury to the Former Husband.”
The award of attorneys’ fees and costs in a Florida divorce requires much analysis. If you are seeking fees in your case or are being asked to pay them by the other party, schedule a consultation with a Miami divorce layer to understand how the law may apply to your case.