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: Understanding Settlement Negotiations

In a previous post, I discussed the various alternatives to a nasty divorce trial. One of those major alternatives was settlement negotiation. Settlement negotiation is the process where you and the other side try to negotiate an acceptable resolution for both of you. It is important to consider settlement as an option, as generally nobody gets exactly what they want when cases go in front of a judge. It is better to get something you can live with on your own terms than to risk getting something that could be seen as wildly unfair by both parties.

So what happens during settlement negotiations, and what is the process?

Are You Bound by Settlement Offers?

If you make an offer during settlement negotiations, do you have an opportunity to retract that offer? The answer is generally yes. At least until there is a signed agreement. However, there are some risks in retracting a previous offer.

Virginia law tries to encourage parties to come to a fair resolution on their own and to not waste unnecessary legal expenses. In Virginia, if the Court believes someone is unnecessarily delaying proceedings and being unreasonable, that person can be ordered to pay the legal fees of the other side.

Furthermore, going back on settlement offers can have a discouraging effect on the other side. They may not be willing to consider your new settlement offers if they feel you are being unfair and reneging on previous offers.

What is a Valid Settlement Offer?

Generally speaking, a settlement offer should include all the issues that the court would have to deal with if the case goes to trial. You do not want to leave items on the table. A court will only enter a settlement agreement if all the items have been resolved. For example, if you forget to talk about life insurance or bank accounts, then you do not have a complete settlement offer.

A settlement offer typically takes the form of a proposed separation agreement or an itemized letter. Settlement offers are best done in writing, so there is some proof of the offer in case you have to go to court.

Can Settlement Offers be Used Against You?

Virginia law discourages the use of settlement offers in court. The purpose of this rule is to encourage good faith settlement discussions. So long as you properly label your settlement offers, then the only real use for those offers is to establish legal fees if the other side is being unreasonable. However, if you do not adequately label your settlement offers they could be used against you.

Why You Need a Divorce Lawyer

If you are in settlement negotiations, it is important to hire a divorce lawyer. A divorce lawyer will know how to properly label settlement negotiations to prevent them from being used against you later. A divorce lawyer can also help you understand what is a fair offer, so you do not risk an award of legal fees if the matter does not get resolved and goes to court. If you are considering a divorce, hire a lawyer.

Virginia Divorce Law: Alternatives to a Nasty Divorce

Contested divorce cases can often turn into a mud slinging competition. Many people want to try and avoid the anxiety that can come from a nasty divorce trial. If you are considering divorce, there are some things you can do now to set yourself and your spouse on the track towards co-parenting and moving on from a bad relationship.

So what are the alternatives to a nasty divorce trial?

The First Alternative: Divorce Mediation

The first alternative to a nasty divorce trial is to consider mediation. Mediation is talked about more fully in a separate article. However, generally speaking, mediation is the process where you and your spouse select a neutral third party, specially trained in dealing with emotional issues, to listen to both sides. After the mediator has listened to both sides, they try and help you and your spouse come to an agreement that is acceptable.

The benefits of mediation is that is doesn’t require testimony, evidence, or a courtroom battle. It can even be less expensive than a full divorce trial. The downside to mediation is that these mediators are not always legally trained. You may need a lawyer to review what they have prepared for any problems.

The Second Alternative: Marriage Counseling

Not all marital disputes need to end in divorce. One of the major ways of coping with a struggling marriage is to seek professional help. There are many organizations around Virginia that specialize in helping couples work through problems they may be having. Before going straight to a divorce trial, you may want to consider a marriage counselor. At the end of the day, it may not work out, but it is worth trying to identify the key issues that are leading to a full trial.

The Third Alternative: Trial Separation

In addition to the above options, some couples may want to try and see what it is like to live separate and apart before seeking a full divorce. A little distance and perspective can be helpful. However, before going down this route, both sides need to mutually agree to separate. Failure to mutually agree may result in abandonment accusations that could be harmful in your divorce.

Why You Need a Divorce Lawyer

It is important to have a lawyer early in the process to understand what alternatives to a nasty divorce trial may work best for you. Make sure you talk to a lawyer early and often so as to not jeopardize your rights in case things break down and you end up needing that nasty divorce trial after all.

Virginia Landlord Disputes: What Happens at Court?

If you have given the appropriate notice to your tenant and have filed the appropriate paperwork with the court, the next step in the eviction process involves a series of court dates. It is important to know what is required of you at these court dates in Virginia. In Virginia, there are three major types of court dates; a) the first return, b) hearings on motions and c) the trial date.

So what are these three different types of court dates?

The First Return Date

The first date you are given by the court is known as the first return date. This date is to make sure that you have filed all the appropriate paperwork to begin the case. This court date is also the time in which the court will determine whether or not your tenant has received service of process of the paperwork you have filed. Before the court can do anything, your tenant is entitled to receive a copy of the paperwork.

If your tenant has received paperwork but fails to show, you may be entitled to a “default judgment.” This means that, because they did not show up, you will not have to go through the trial process. However, if your tenant does show up, they have the right to contest the charges.

Many judges in Virginia will require the tenant to answer whether they owe any rent or not. If rent is owed, you may be entitled to a “writ of possession,” which grants you your property back. However, that is not the end of your case. Even if you are given possession, you must have a trial to determine how much money you are entitled to.

If you own an LLC or a trust, you do not need an attorney at this first return date. You do, however, need an attorney for any subsequent hearings such as a trial.

Motion Day

If the tenant hires an attorney, their attorney may file any number of different documents against your eviction proceedings. Their attorney may even file a counterclaim, or a claim for money against you. If the other side hires an attorney and files any paperwork, it is imperative that you immediately seek out an attorney. Failure to do so may result in you owing money to the tenant!

Trial Day

Eventually, if the matter is not settled, you will be given a trial date. On the trial date, you are required to prove to the court the specific grounds for which the eviction is sought (if not for failure to pay rent) and the amount of damage the tenant has done to the property.

Judges are looking for documentation to prove how much money you will need to spend to get your property back in working order and how much rent is owed. Therefore, you will need to bring with you to the trial date documents including, but not limited to, quotes for repairs, accountings of late charges and rent and photographs of the damages.

Why You Need a Lawyer

Navigating these different stages of the court process can be very confusing. If the other side hires a lawyer, their lawyer can do any number of things to make you lose your case. For example, failure to follow certain rules or to file certain documents automatically makes you lose. As stated before, if you own an LLC or a Trust you may be required to have an attorney no matter what. Therefore, you should seek out an attorney before even sending the initial notice to your tenant.