About Divorce Depositions in Virginia
In Virginia, lawyers involved in a divorce proceeding may decide to take the depositions of the parties, witnesses or experts. During these depositions, the witness will be asked a series of questions that are designed to help the lawyer discover as much information as possible about the marriage and the circumstances leading up to the divorce. The lawyer will also be seeking information that will help him win the best possible outcome for his client in terms of support, custody and the property settlement agreement.
What to Expect at a Deposition
A divorce deposition in Virginia is usually held at the office of one of the lawyers involved with the case. The witness and both lawyers are normally present at the divorce, as well as a court reporter, who will record the deposition and take notes. A spouse does not have to have a lawyer present and can choose to represent himself, but he may be at a disadvantage if he is not familiar with divorce law.
The witness at a deposition will be sworn in by the court reporter and then be asked a series of questions by a lawyer, which he must answer truthfully under penalty of perjury. If a lawyer orders a one, a transcript will be typed up later by the court reporter of the deposition.
Types of Questions
If you are a spouse being questioned at a deposition in Virginia, expect to be asked about your income, bank accounts, retirement monies, property and also about the way you spend your money and any debts you have. If you don't work, you will be asked about your potential for generating income. For example, if you are a stay-at-home mother, a lawyer will ask you about any degrees or past employment you have had and your ability to get a job in a similar field in the future. Non-working spouses will also be asked about any non-monetary contributions that have been made to the marriage. For example, a mom may not work outside the home, but her cooking, cleaning and gardening chores are considered valuable non-monetary contributions.
Divorce by Deposition
In Virginia, an uncontested, no-fault divorce can be completed by deposition. If the parties in a Virginia divorce have children and have lived separate and apart for more than a year or have no children and have lived separate and apart for six months or more, they do not have to appear in court. The parties, along with a corroborating witness who can verify that they have lived separate and apart, can simply have their depositions taken by a lawyer in front of a court reporter. The lawyer will ask a set list of questions including asking if the parties are bona fide residents of Virginia and have lived separate and apart. A transcript of the questions and answers are then typed up and sent to a judge by the lawyer.
Depositions of Experts and Witnesses
A lawyer may depose other people besides the spouses in a divorce case. For instance, some lawyers will hire an expert witness to determine the value of a house or other property that a divorcing couple may own. At other times, a lawyer will hire a vocational expert to prove that a spouse is underemployed and has purposely taken a low-paying job to pay less child support. A vocational expert may also be deposed if a lawyer feels a spouse is capable of working but has chosen not to do so.
If there has been adultery committed, the lawyer may take the deposition of witnesses who have seen the cheating spouse in action, and if a private detective was hired, the lawyer will usually take his deposition, as well.
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