Virginia Divorce Law: The Value of a Request for Admission

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 Interrogatories

This blog is part of a series of blogs designed to help you understand how the discovery process works in Virginia. The first of the series was Virginia Divorce Law: The Value of Depositions. There are four (4) major types of discovery tools; a) depositions, b) interrogatories, c) document requests and d) admissions.

The second type of discovery is known as interrogatories. So what are interrogatories and how are they best used?

What Are Interrogatories?

Interrogatories are the process by which you can ask the other side questions under oath without having to go through the Court. Under oath means they have to answer your questions truthfully. If someone lies on interrogatories, they can get in serious trouble. Common examples of a divorce interrogatory include a) identifying all the property your spouse claims they should have, b) identifying the custody arrangement your spouse is asking for and c) asking for all the evidence that your spouse intends to use at trial.

What Can Interrogatories Be Used For?

There are three main reasons to use interrogatories. The first reason to use interrogatories is to get an idea of what your spouse intends to tell the court and what witnesses they intend to use. That way, you can plan how to respond to their arguments with your own witnesses and evidence. The second reason to use interrogatories is that you can use statements in interrogatories to break down the testimony of your spouse at trial. If their statements are contrary to what is in their interrogatories, then that can be used to weaken their credibility. Finally, interrogatories can be used to encourage settlement discussions. By knowing the strength of your spouse’s case, you can submit a reasonable settlement proposal.

Why You Need a Divorce Lawyer?

A divorce lawyer can help you effectively utilize interrogatories to get the most out of your discovery. It is important to hire a divorce lawyer to ask the right questions and to ask them at the right time to get the best possible result in your case. Therefore, make sure you hire a divorce lawyer to represent you in contested cases.

Virginia Divorce Law: The Value of a Deposition

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.