A problem one occasionally encounters in divorce practice is the spouse who is unwilling, out of selfishness or greed, to disclose his or her actual assets and earnings. Where a spouse is being dishonest, it is necessary to resort to alternative measures to uncover this information.
The motivation for a spouse to lie may seem obvious. Some spouses believe that the income they earn should belong solely to them, especially where that person has his or her own business or receives income from a family source, such as a trust. By hiding assets or deferring income, a spouse can reduce his or her child support, spousal support, and the share of marital property that would have to otherwise be equitably divided between the parties.
You cannot always tell for sure whether your spouse is lying. However, certain circumstances raise good reason to … Read More »
If you are in the process of getting a divorce or fighting for custody of your children in Fairfax County, you may need information from the opposing party concerning his or her assets, living situation, sources of income, etc. This is where the discovery process comes in. The discovery process is an evidence-gathering opportunity for you to gain information that you would not otherwise have on your own. There are two types of discovery: (1) informal discovery, where parties and their attorneys voluntarily exchange documents and information, and (2) formal discovery, where litigants extract information from each other through written discovery requests, which carry deadlines for response and may be enforced by court action.
The discovery process may vary according to the court in which you file. In the Juvenile and Domestic Relations Court you must request permission from the court … Read More »
There’s a great scene in the movie “My Cousin Vinny” where attorney Vinny Gambini carries in a box of files after meeting with the district attorney, proud that he had convinced the D.A. to turn over his case file. Vinny’s fiancée, Lisa, informs him that he was entitled to the files all along, stating “he has to show you everything.”
When I represent someone accused of a crime, regardless of whether it is a felony or a misdemeanor, a robbery or running a red light, I am generally asked whether the prosecutor has shown me everything in the file. In Virginia criminal cases this process is called discovery, roughly defined in Barron’s Law Dictionary as the “pretrial procedure by which one party gains information held by another party; the disclosure by a party of facts, deeds, documents, and other such things,” … Read More »