Virginia Divorce Law: The Problem with DIY Separation Agreements

If you have started the divorce process or are just now thinking about whether you want to begin, it is important to understand the dangers associated with a do-it-yourself (“DIY”) divorce. As I have written about in a separate article, the two major types of divorces are contested and uncontested divorces.

If you are pursuing an uncontested divorce, you will likely need a separation agreement. So what is a separation agreement, why do you need one, and what could go horribly wrong if you DIY?

What is a Divorce Separation Agreement?

This is a document that explains to the court what you and your spouse would like to do with everything that was acquired during the marriage and how you are handling custody and visitation of any children. To qualify for an uncontested divorce, you must fully resolve all these issues. 

You and your spouse will need to agree on how to handle things including, but not limited to, life insurance policies, health insurance, debt, bank accounts, stocks, bonds, vehicles, jewelry, retirement accounts, pets and real estate. You will also need to handle where the children will live and how often the other parent will get to see the children.

Why Do You Need a Divorce Separation Agreement?

If you do not have an agreement in place of some kind, then you must do a contested divorce. These can be terribly time consuming and expensive. You will be required to obey several rules and file the appropriate paperwork with the court or risk losing your case.

Without a separation agreement, you may also run into arguments on how to handle your property. You may have thought you had an agreement on who would handle a certain credit card bill, but without something in writing you risk a dispute. Therefore, it is important to have an agreement in writing.

What Could Go Wrong if you Don’t Hire a Lawyer to Draft the Separation Agreement?

I have seen too many people attempt to create a DIY Separation Agreement. Common examples of issues that go wrong include a) not identifying how retirement accounts will be divided, b) not identifying how real estate is going to be sold and c) not being clear enough in how custody and visitation schedules are going to work.

If you are not clear, you will have a lawsuit. These are complicated matters with plenty of potential loopholes that could get you trapped in court for years. It could hold up the sale of your property and cost you thousands of dollars. It is cheaper to hire an attorney to get it right the first time than try and hire a lawyer to fix the bad DIY job later.

Therefore, make sure you talk to an attorney if you are considering a divorce so you can get a separation agreement that meets your needs and protects you down the road.

Virginia Personal Injury Law: How Personal Injury Cases Work

If you have been injured because someone else did something wrong, you are probably considering hiring a lawyer. One of the common things I see when talking to people looking for a personal injury lawyer is that they do not understand the basics of how a personal injury case works.

So what are the basic steps in a personal injury case, and what do you need to know before talking to a lawyer?

Understanding The Significance of Your Medical Bills

The first thing any personal injury lawyer needs to know is how much a case is worth. There are several reasons why a personal injury lawyer needs to know that. A personal injury lawyer decides to take a case depending on how much a case is worth. Some personal injury lawyers take cases contingency, which means that you don't pay anything unless they win. Some cases are not worth enough to be contingency.

Your medical bills are a good place to start in understanding the basic value of your case. A case is not only about medical bills, but it certainly informs the personal injury lawyer what they can expect from settlement or trial.

If you want to increase your chances of finding a personal injury lawyer for your case, it's important to have your medical bill information available prior to sitting down with the lawyer. You can obtain medical bills from your service provider by talking to their administrative staff.

Without substantial medical bills, it is likely that you will have to hire a lawyer on a non-contingent basis. There may be other damages, but it likely will not be worth enough money for the lawyer to pay upfront on your behalf.

What Personal Injury Lawyers Look For During A Consultation

The second step in the process is to bring your bills to a personal injury lawyer to discuss the case in more detail. most personal injury lawyers will not charge for them initial consultation so long as the case is worthwhile. If the case is not high value or if it is particularly complex, you may have to pay a consultation fee.

The purpose of a consultation is to discuss the facts of what happened, to go over who would be sued and how much the cases worth, and to tell you how long the case may take.

The Personal Injury Settlement Process

Once you and your lawyer have come to an agreement on cost, your lawyer will likely submit a claim to the insurance company requesting payment. There is a lot of work that goes into this claim statement. Lawyers with typically put your medical bills in the claims statement, they will put a statement of fact in the claim statement, they will put a demand for payment, and there may be additional information they put in there.

Once the insurance adjuster receives the claim statement, they will be a series of negotiations where the insurance adjuster will probably offer a specific amount of money to settle the case. These negotiations go back and forth until the client accepts the settlement or rejects it and it goes to trial.

Going to Trial in Personal Injury Cases

If settlement negotiations are successful, then the parties will execute a settlement agreement. The agreement will go through details of how the settlement will be paid and when it will be paid. If settlement is not successful, then the case will go to trial. At that point, there will likely be expert witnesses hired. These expert witnesses will talk about the value of the case and the nature of the damage. At the end of the trial, the finder a fact will determine whether or not you are entitled to money and by how much.

Why You Need a Personal Injury Lawyer

Navigating a person injury claim is very complicated and time-consuming. You can also hurt your case by submitting bad information to the insurance adjuster. A good personal injury lawyer understands what information the insurance adjuster needs to make a fair decision. If you cannot come to a settlement, a good lawyer is needed to navigate trial because there are many pit falls. Talk to a lawyer if you are injured because of someone else's wrong doing.

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.