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.

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: Using Expert Witnesses

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.