Types of Discovery Utilized in Virginia Family Law Cases

If you have filed an at-fault divorce or another family law case, you could have many disputes with your spouse or partner, such as the grounds for your divorce, child custody, child support, and the division of your property. During the discovery phase of your case, you will be able to obtain evidence that you can use to settle your case or to present at a trial. However, it can be complicated to know what types of discovery will be most helpful in your case and how to request the information you need without the help of an experienced family law attorney.

What Is Discovery?

Discovery is the process the parties involved in a divorce or other family law dispute use to obtain information about the witnesses and evidence the other party will use at trial. Parties can also find information that can help them prove their own case through the discovery process. In addition, a party can seek evidence from third parties during this phase of the case.

What Types of Discovery Are Used in Family Law Cases?

There are four types of discovery utilized in family law cases:

1. Interrogatories. Interrogatories are written questions the parties can send to each other to answer under oath. In Virginia, parties are only allowed to ask each other 30 questions.
2. Request for production of documents. Parties can also send each other requests for the production of documents. Documents often requested include tax records, bank statements, investment account statements, deeds, and paystubs. In addition, a party can obtain information not contained in paper documents, such as emails, photos, and videos.
3. Depositions. In a deposition, a witness must answer questions from a lawyer under oath. The parties to a divorce, expert witnesses, and third parties can be required to answer questions at a deposition in family law cases.
4. Subpoena. To obtain documents from a third party or take their deposition, they would need to be served with a subpoena.

Contact a Norfolk Family Law Attorney Today

Are you considering filing for divorce in Virginia Beach or Norfolk? Do you have another family law problem? Our knowledgeable family law lawyers are here to guide you through the process and protect your rights. Call our Norfolk office at 757.625.1214 or fill out our convenient online form to schedule your initial consultation today to learn more about how we can assist you.