Virginia Divorce Law: The Value of a Request for Admission
Find out more about what a Request for Admission is and how it impacts a divorce case.
This blog is the third in a series of blogs that talk about “discovery” in a divorce case and how it can be used to help your case. I have previously discussed depositions and interrogatories, and what role those play in a divorce case. The third type of discovery is known as a request for admission.
So what are requests for admission, and how can they be used to help your divorce case?
What is a Request for Admission?
A request for admission is a type of discovery that usually takes the form of statements. A common example of a request for admission would be, “admit that you had an adulterous affair with [insert name].” There are many different types of requests, and they can perform a wide variety of roles in a divorce case.
In a divorce case, you are addressing issues such as custody, money, and property distribution. A well drafted request can address any one of these areas. You are able to ask a total of thirty (30) requests for admission. If you want to have more than thirty (30) requests, you must get permission from the court first.
How to Use a Request for Admission in a Divorce Case.
Whoever is asked a request for admission must answer one of two ways; a) admit that the statement is true or b) deny that the statement is true. If you fail to answer a request for admission within twenty-one (21) days, then any statements in the requests are presumed to be true.
This can act as a massive benefit in a highly contested case or a massive danger. For example, if there is real estate you do not think the other side is entitled to, you can send a request stating “admit that the property located at 111 East West Street is not marital property.” If that request is not answered, then that could seriously harm the other side.
You can also use a request for admission during the trial of the case. If someone changes their story in front of the court, you can bring out the requests and use their admission to combat their story.
Why You Need a Divorce Lawyer.
Effectively using a request for admission can be difficult. It is important to use your limited number of requests for admission appropriately. If you ask the wrong questions, then you won’t be able to ask any more important questions. Furthermore, it is important to understand how to answer a request for admission if you receive one. Inappropriately answering a request for admission may result in your entire case being decided against you. Therefore, make sure you hire a lawyer in a contested divorce case.
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 Law: Using Expert Witnesses
Find out more about expert witnesses and whether it is worth hiring one in your case.
The world is full of disputes over how best to raise children. People are always debating what kind of discipline to use, what kind of therapy a child needs, what medications will help and what the best education is for their children. There can also be disputes about how to handle finances and how to value certain assets. Expert witnesses are people who are specially educated and trained to help the court deal with these issues.
So what are the different types of expert witnesses, and should you use them in your divorce case?
Common Types of Expert Witnesses in a Divorce Case
Expert witnesses can be split into two separate categories; childcare experts and financial experts. Each of these types of experts serve a different role in a divorce case. Childcare experts can speak to what impacts a proposed custody schedule will have on your children or what school is best. Financial experts can talk about how much your home should be sold for.
With respect to childcare experts, some of the most common experts are therapists, teachers and psychologists. These experts can help you understand what emotional issues your child is having as a result of a split household.
With respect to financial experts, there are many different types of experts. These experts can range from forensic accounts who track money down to real estate experts. The purpose of these experts is to help you understand what all your property is worth so it can be fairly divided.
Who Pays For Experts in a Divorce Case?
Simply put, you do. In Virginia, you are required to compensate your expert witnesses for the time they spend preparing for trial and coming to court. Experts are entitled to their standard rate. Simply because you took your child to a therapist for a check up does not mean you can force that therapist to come to court for free. Experts are expensive, and can cost thousands of dollars
Why You Need a Lawyer For Your Divorce Case.
Because experts can be extremely expensive, a lawyer is necessary for several reasons. First, a lawyer can help you identify which types of experts will maximize your chances of success in court. Second, a lawyer can maximize the usefulness of the expert by preparing them properly and asking them the right questions. Finally, lawyers deal with experts a lot. A lawyer can identify which experts would be best for your child.
Virginia Divorce Law: What Does a Court do in a Divorce Case?
What are the major things a court is doing in Virginia for a divorce case?
One of the most important things that people looking into a divorce often don’t know going in is what a court is doing in a divorce case. It is important to understand the basics of what goes into a divorce case before going to see a lawyer. That way, you can start getting information together that your lawyer may need in order to help you with your divorce case.
So what are the two major things that a Virginia court deals with in a divorce, and what should you prepare to help your lawyer and to save time?
Virginia Divorce Courts Decide Issues Related to Children
If you and your spouse have children together, one of the major things that a Virginia court has to deal with is how to handle who takes care of the children and how the costs of raising children is shared. These concepts are known as custody, visitation and child support.
There are two different types of custody; legal custody and physical custody. I discuss the major categories inside each of these types of custody in other articles. Legal custody, simply put, is how decisions are made for health treatment and schooling. Physical custody, simply put, is where the children are primarily living. Visitation deals with how often the “non-custodial parent” gets to the see the children.
Child support is simply the amount of money that Virginia law says a child needs to receive from their parents in order to thrive. There are many different ways to calculate child support depending on a lot of different factors.
Virginia Divorce Courts Decide Issues Related to Debt and Money
The other major area that a Virginia court has to deal with in a divorce is money and assets. Throughout your marriage, you and your spouse acquired things that were worth a lot of money. It is also likely that you acquired debt as well.
Virginia courts need to determine how best to divide debt and money. There are also a lot of factors that go into dividing debt and assets. I discuss these factors in a different post.
What You Should Prepare for your Divorce Lawyer
The best way to save time and money before meeting with your lawyer is to create an outline out of how you believe these two areas should be dealt with. For example, you should create a plan on where the children will be living and how often the other parent gets to see the children. This includes holidays and summer. Also think about what schools you want your children going to and if you have any objections to certain types of medical treatment.
You should also have a list of all the assets and debt that you have that was acquired during the marriage. It may be a good idea to identify a proposed way of dividing these things including who you believe should get certain items and who should take on certain debt. These lists are helpful to lawyers, as it tells them what your ideal outcome is.
Virginia Divorce: Fault or No Fault Grounds
Virginia law provides several different grounds of divore. If you are considering divorce, it is important that you understand these grounds of divorce, and what you have to prove in order to finalize your divorce.
Virginia law requires you to satisfy one of several different grounds for divorce before you can file. These grounds can be split into two separate categories; fault based grounds of divorce and non-fault based grounds of divorce. Each grounds for divorce carries with it a separate waiting requirement and requires you to prove different things. What do you need to do in order to qualify for divorce in Virginia, and what do you need to know about these grounds of divorce?
Fault Based Grounds of Divorce
The first, and largest, category of divorce grounds is fault based grounds of divorce. Virginia law allows you to file for a divorce if one of the following issues are present; adultery, physical abuse, mental abuse, and desertion. Virginia law also requires that you provide clear proof that one of these grounds have occurred.
For example, with adultery, you must not only prove the identity of the other party, but you must also prove the date and location that the alleged adultery occurred. These burdens of proof make it difficult to pursue a fault based grounds of divorce in Virginia.
However, successfully pursuing a fault based grounds of divorce can impact how the court will handle property distribution and alimony. The more “at fault” the court views one of the parties, the more harshly they will be treated by the court. For example, committing adultery is generally a bar to alimony in Virginia.
No Fault Grounds of Divorce
This is a much smaller category of grounds for divorce. This category applies if you have been living separate and apart from your spouse for a period of time; either six (6) months or one (1) year depending on the facts of your case.
The benefit of a no fault based grounds of divorce is that you only required to establish the date of separation and that the parties have lived separate and apart for the required period of time. You must also show that the you and your spouse have divided all the debt and assets, and that the court is only required to finalize the divorce.
Why You Need a Lawyer for Divorce
A lawyer is essential in understanding the various things you have to prove in order to establish any given grounds of divorce. Furthermore, a lawyer can help you prepare your case to maximize your chances of success and reduce the delay of filing for divorce. Seek out a lawyer if you intend to file for divorce.