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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31016
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have a contested divorce happening in Virginia Beach. The

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I have a contested divorce happening in Virginia Beach. The trial is set for October 31. I released my lawyer a few weeks ago and am looking for a new one (i spent over 50k over the past 2 years with no results). Before I released my lawyer, he submitted a Virginia Beach pretrial divorce order outlining the events and due dates of what is required for trial. Yesterday I received a document called a "scheduling order" from the opposing counsel. This seems like is serves the same purpose as the pretrial divorce order. DOes it?
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question.

Yes, a pre-trial order or a scheduling order is the same thing - - these are the same things; just different names. They both provide deadlines for for discovery, motions, erc. before trial.

Customer: replied 3 years ago.

OK, so 2 questions:


 


Why did the opposing counsel send me the scheduling order to sign? I assume I do not need to sign it since a pretrial order was submitted?


 


ALso, thereis some language about "If the trial is by jury" and instructions about that. Is that possible in a divorce trial?

You will need to consult the attorney for your spouse and ask why he sent this since there's a pre-trial already in place. More than likely, this new order being proposed has new deadlines; maybe the other side needs more time to get things completed, etc.

As for a trial by jury, divorces are RARELY tried before a jury, but a judge can allow it if he/she sees it is necessary
Customer: replied 3 years ago.

ok, thank you. One more thing - when the order says the deadline is "15 days before trial" - is that business days or calendar days?

All of the deadlines are CALENDAR DAYS, not business days. But, if one of the deadlines falls on a weekend day, then the next business day would be the deadline.
Roger and 4 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you, XXXXX XXXXX very helpful


 

No problem, glad to help!

Let me know if you need something further.