What To Do When Gathering Information in a Virginia Divorce is a Challenge
When you’ve decided to file for a Virginia divorce, one of the first steps in the process is information gathering. Unfortunately, sometimes information gathering in a Virginia divorce is easier said than done.
Occasionally, husbands won’t want to provide records or documents to their wife or their wife’s attorneys. The reasons are numerous. Often they don’t want to pay spousal support, or are concerned that the amount of child support requested will be too high. Whatever the reason, it is important to have documents showing all of your husband’s assets and liabilities, as well as yours, in order to work toward a fair decision in your Virginia divorce case.
Once you have filed for divorce in Virginia, your Virginia divorce attorney will use a couple of straightforward tactics to get information from your husband. One such example is called an Interrogation. Just like they sound, interrogations are a series of detailed questions submitted to your husband. These questions usually ask for detailed financial information like retirement account contributions, bank account balances and pay stubs.
Your Virginia divorce attorney can also file a Request for Production of Documents. This method asks for reproductions of financial statements and records.
If your husband does not comply with the requests for information, there are some more legally aggressive ways to compel him to cooperate:
- A Subpoena Duces Tecum, which is a third party request for documents. Your attorney would be requesting pay stubs from your husband’s employer, bank statements from his bank, etc. instead of from your husband directly.
- Admissions, which are fact-based statements submitted to your husband. He then has 21 days to affirm or deny them before they are assumed true.
- Depositions, which are questions asked of your husband, and others familiar with your situation, under oath.
- Finally, a Motion to Compel is a motion filed with the court asking for your husband’s cooperation. If he does not comply, he can be held in contempt.
To learn more about the importance of information gathering in a Virginia divorce, visit our article library.
Contacting a Virginia Divorce Attorney
At this vulnerable time, it’s critical that you have exceptional legal representation that not only understands the specifics of your case, but is dedicated to your best interests and that of your family.
The Virginia divorce attorneys at Hofheimer Family Law Firm represent Virginia women who wish to file for divorce. We are committed to fighting for your rights, assisting in child custody disputes, and ensuring that you receive everything you are entitled to and need in order to start your new life. You can learn more by requesting a FREE copy of our guide, What Every Virginia Woman Should Know About Divorce, or reserving your seat at our monthly divorce seminar – 757-425-5200.