Thank you- your answers are very helpful. What, in your opinion is the best way to proceed? My attorney, originally was seeking to amend to adultery- he has admitted previous adulterous acts, (prostitutes)- however, by VA law, I condoned it by attempting to "work on the relationship"= buying time to get my ducks in a row. This new info puts yet another layer- Admin Assist. at his place of employment- lots of circumstantial evidence- but no hardcore snapshots. I have a strong abandonment case- (left home, stopped making mortgage payments, transferred mail, shut off utilities.) however, I think naming this women would truly assist my case- for abandonment as well as adultery- the evidence points to her being the party he bunked with when leaving. Should I go the subpoena route as a witness to the abandonment? OR do I need to amend the original complaint if I am to direct questions about this and a relationship with my husband? His attorney is fully aware I am PRO SE, so she is doing everything in her power to keep me from naming the woman. (statements such as "we do not consent to a amended complaint, etc.) (I have told her that I intend to name paramour.) - Just not sure what way to go-- Best course of action to get it all on the table. The discovery documents are items that my attorney forgot to add in my accusations of reasons for decline of marriage. The statements were made but he never filed the documents supporting the statements, "found a note in my husbands possessions detailing his plans" - Attorney forgot to include the note in the paperwork.
Thanks again. Trial date is in January 2014
What documents do I need to amend the complaint? What documents do I need to add discovery documents? I can only make motions one day a month (first Friday of every month)- does this mean I can only file these amendments and/or additions on that day of any given month?
Do I file the documents first, or do I serve the parties and then file the documents? With regard to service to the attorney, Certified acceptable? Should I name the paramour to the attorney prior to the service? (mail a letter, email info etc.)?
How much timeframe is acceptable to give his attorney? As of date, my husband has zero witnesses, I have many--however no disposition statements have been requested. My husbands attorney is "confident we can settle all other matters after the close of the sale of the marital home." - so no aggressive court strategy has been exhibited on her part. If I have to have this done in a week, I need the paperwork (forms) questions as a priority.
Q) What documents do I need to amend the complaint?
Use the original complaint as a template. Simply title the new pleading "Amended Complaint For Divorce" etc. If you do not have a copy of the original complaint, you can obtain a copy of virtually everything in your file from your previous attorney. Request a copy of your file. They should be able to get it to you pretty quickly.
Q) What documents do I need to add discovery documents?
Same as above; use the discovery request(s) that your attorney already filed as a template. Change the caption to "Amended..." etc.
Q) I can only make motions one day a month (first Friday of every month)- does this mean I can only file these amendments and/or additions on that day of any given month?
Q) Do I file the documents first, or do I serve the parties and then file the documents?
If you're referring to the additional discovery, that would be an amended answer or response to the defendant's previous discovery request. You file the amended answer/response with the clerk, you attach the documents to that, and then you mail (via "regular" mail) an exact duplicate of what you filed to the opposing attorney.
Q) With regard to service to the attorney, Certified acceptable?
Regular, snail mail is OK. Look at the older documents your former attorney used. Toward the bottom of any pleading, there should be something titled "Certificate" or "Certificate of Service." Use that as your guide.
Q) Should I name the paramour to the attorney prior to the service? (mail a letter, email info etc.)?
I'm not sure what you mean. If you want to subpoena her, just go ahead and do that. If the other attorney has asked you (or your former attorney) for a list of all witnesses who you may call as a witness at trial, you have to notify the attorney of her name, address etc.
Q) How much time frame is acceptable to give his attorney?
I'm not sure what you mean by this question. Please elaborate.
Thanks so much for the very helpful information. I mailed her via US mail do updated documents that I filed with the courts on Friday. A supplemental response to RFPD. I added two documents that I have located to add details to my abandonment case. i.e; A handwritten note my husband made detailing his intentions, steps of his plan to vacate the house and stop paying the mortgage and a 2nd document with updated 5 yr. expenditures- spreadsheet, created by him, showing who paid what in our household, to validate my claim that I paid for all repairs and 1/2 mortgage. (he was very anal retentive about note/data tracking- a plus for me in this case.)
And a second document I filed was a supplemental Interrogatory response naming the paramour as a witness, and what information that she is expected to testify to, her address, phone, etc.
His attorney advised me that I did not need to file these documents with the courts, I could have just provided her the originals/information. I told her, she should not be advising me as it was not ethical.
How long can I wait to subpoena the paramour, with the case being heard in Jan.?
No problem, no rush.
Thanks - I know what she will answer if she tells the truth--
I have done enough investigating to put her, (a complete stranger to me), and my husband, together before the abandonment, the day of the abandonment, and up until now--with a paper trail of gas receipts, restaurant receipts, notes, events attended by both, online listings of them in chronological order by registration and placing order- There is nothing coincidental about my investigation. GPS blocking devices, her movement to my husbands office-hotel stays, etc. I assume she will plead the 5th, but I hope she doesn't. Why would anyone plead the 5th? Wouldn't that be an automation presumption of guilt?
When I subpoena her, can I provide, in its entirety, a full copy of my divorce complaint? I ask, because by doing so, I will open a plethora of info to her about the things he HAS admitted to--(fetishes and the likes). Thanks again.
Thanks so much! You have been awesome! I know providing a complete divorce complaint copy won't change the plead ---but it will surely make my husband wish he had a frontal lobotomy rather then have taken this divorce to such lengths- and THAT, is payment enough for all the hardship. Again, thank you.
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