Virginia Divorce Law: The Value of a Deposition
Find out more about depositions and how they can be used in a divorce case.
One of the most important stages of a contested divorce is known as “discovery.” This is the stage where you get as much information from your spouse as possible so you can be fully prepared for trial. There are many types of discovery, but this post is dedicated to explaining depositions, and how they can be used in your case.
So what are the types of depositions, and how can they help you?
What Is A Deposition?
A deposition is essentially a meeting or a process where your lawyer gets to ask a series of questions to one of three categories of people; 1) the opposing party, 2) expert witnesses and 3) fact witnesses. An expert witness would be someone like a career counselor who would testify that someone is underemployed. A fact witness is someone who may have proof that your spouse is committing adultery. During a deposition, your lawyer will sit down with these people and ask them questions for several hours.
How Many Types of Depositions Are There?
There are several different types of depositions. These types include 1) a deposition by written questions, 2) a video deposition, and 3) an oral deposition with a court reporter. A deposition by written question is simply a deposition where your lawyer sends questions in writing for a written response. This type of deposition can save valuable time and money. A video deposition is simply a deposition meeting that is recorded on video. An oral deposition is a deposition meeting where you have a court reporter taking notes.
How Can A Deposition Be Used?
Depositions can be used several different ways. If the person you have deposed becomes unavailable for trial due to some unforeseeable reason, then you may be able to introduce the deposition at trial. This is beneficial if a fact witness dies unexpectedly or goes into the hospital. A deposition can also be used to “impeach” a witness. For example, if a witness says one thing during a deposition but then changes their story at trial then the judge may be less willing to believe them during the divorce trial.
Why You Need a Divorce Lawyer.
Depositions can be terribly complicated to schedule and conduct. They typically last for several hours, and it takes an experienced attorney to know how to effectively utilize a deposition. While depositions can be time consuming and expensive, they are a valuable tool for catching people in a lie during trial.
Virginia Divorce: Dating During Divorce Proceedings
Are you considering dating while your divorce is pending? Think again.
A common question I get in relation to divorce is whether you can date while your divorce proceedings are pending. The term people use is “legal separation,” and they want to know what that means. There are some states in the United States that allow for legal separation and for dating while your divorce is pending? Is Virginia one of those? No.
So how do you protect yourself while your divorce is pending?
How can dating impact your divorce?
As discussed above, there is no such thing as “legal separation” in Virginia. Until you are formally divorced by a court order, Virginia law still considers you to be married. Virginia law also has adultery as a grounds of divorce. If you date while your divorce is still pending, and the other side does not, that fact can be used against you in a number of different ways.
The first is property distribution. Virginia is an equitable distribution state. This means that marital assets and debt are divided based on what is “fair.” The court will take into consideration fault based grounds of divorce when deciding what is fair for property distribution purposes. If one of the parties is engaging in adultery, that can be used to obtain more assets.
The second effect is child custody. Courts in Virginia are reluctant to grant primary custody to a parent who is dating and has that person around the kids. Virginia law has restrictions on such “cohabitation,” and will generally favor the parent who is not dating. Therefore, dating while a divorce is pending can impact custody.
Finally, adultery is still an antiquated crime in Virginia. Dating during the divorce proceedings, while unlikely, may result in criminal proceedings.
How to protect yourself?
There are different types of divorce in Virginia, and one of those types may be able to allow you to start dating. Whether you qualify for this type of divorce will largely depend on the facts of your case. Most attorneys will encourage you to get a separation agreement executed with your ex before dating, and refrain from dating while the divorce is pending.
Speak to a lawyer if you are considering dating during your divorce proceedings. Your lawyer can let you know what your rights are and help prevent an unfair outcome.