The Power of Requests for Admissions (RFAs) During a Divorce

Requests for Admissions (RFAs): Seeking Information In Family Law Cases

Posted January 21, 2024

Tired of the fog of confusion in your San Diego divorce? Hidden assets, unclear debts, and conflicting accounts can stall out your case and drain your energy. But what if there was a tool to cut through the haze and fast-track your journey to closure? Enter Requests for Admissions (RFAs): a powerful legal weapon in your San Diego divorce arsenal.

When potential clients enter our office they are often unsure of the extent of their marital assets and liabilities, and those of their spouse’s. In the alternative, a client may feel very sure regarding the items they wish to prove to a Judge, but they do not yet have the information in hand. Many times, the information is not found in either parties’ Declarations of Disclosure, previously discussed here. What should you do if you need information?

A variety of tools and mechanisms exist to gather evidence in a family law case. These tools, and this process, are known as Discovery. One such tool is known as “Requests for Admissions.”

What are Requests for Admissions?

Requests for Admissions are a formal set of written statements, phrased to require a person to “admit” or “deny” those written statements. These are often facts or legal conclusions. This tool is extremely powerful when combined with another discovery tool, which is a specific form interrogatory. In sum, if any Request for Admission is denied, the concurrently served form interrogatory, requires the party denying the fact or conclusion to provide extensive information to support their denial, and any qualified admissions.

Sometimes the Requests are phrased to intentionally receive an admission, so the statement is accepted as true for the purpose of the legal proceedings. Other times the Request are intentionally phrased to receive a denial, requiring the opposing party to produce additional information.

Why RFAs May be Your Secret Weapon:

Beyond uncovering the truth, RFAs offer a strategic advantage:

Save Time and Money: Bypass lengthy, costly discovery processes and streamline negotiations.
Focus on What Matters: Eliminate irrelevant arguments and zero in on the key issues holding up your settlement.
Gain the Upper Hand: Force your spouse to reveal their hand, potentially exposing weaknesses in their case.
Settle Faster: Clear facts pave the way for smoother, quicker resolutions that benefit everyone.

Further Reading » Reviewing and Updating your Estate Plan – When, Why and How

Remember, ignorance isn’t bliss in divorce. By wielding RFAs strategically, you gain valuable control, empowering yourself to navigate your San Diego divorce with confidence and clarity.

Why are Requests for Admissions Important?

By narrowing down the contested issues early in the process, Requests for Admissions contribute to the efficiency of the discovery phase, saving time and resources. Admissions help clarify facts that both parties can agree upon, streamlining the legal proceedings and potentially facilitating settlement negotiations. Theoretically, identifying admitted facts helps prevent unnecessary disputes over uncontested issues, allowing the parties to focus on the core issues in dispute.

The responding party must provide responses within a specified time frame. Failure to respond or object to Requests for Admission may result in the court deeming the statements admitted—and that is a very powerful reason to use this tool.

Admitted facts are generally considered binding during the legal proceedings, influencing the court’s decisions. Attorneys often strategically use Requests for Admissions to gain admissions on key issues or to expose weaknesses in the opposing party’s case.

In California Family Law cases, Requests for Admissions serve as a valuable tool for streamlining the legal process, clarifying facts, and promoting efficiency. As parties navigate the complexities of family disputes, understanding the role and importance of Requests for Admissions can empower them to navigate the legal landscape with greater insight and strategic clarity.

It is important to know your rights, responsibilities, and options regarding the dissolution, child custody process, and/or domestic violence proceedings. Our family law team at Naimish & Lewis can advise you on this and other family law matters. To schedule an initial consultation with an attorney at our firm, please contact us.

Divorce

Robert J. Allison, Esq.

Mr. Allison is a resolution-oriented associate attorney in our Family Law Practice. Even-keeled and fact focused, he is able to assist our clients understand their rights and obligations through the stress and smoke and mirrors presented in their divorce, custody, and domestic violence matters. During the initial consultation, and again once facts and evidence have been collected, Mr. Allison provides various strategies to help clients present their cases, considering cost, time, and client needs. He prides himself in not making false promises to his clients and is unafraid to speak the raw and sometimes harsh reality of how a Court will decide a matter given a specific set of facts and circumstances, both to his clients and to opposing parties. Many potential clients share that they are unhappy with their previous attorneys because they felt a lack of communication, an uncertainty about the family law process and timeline, and they do not understand the strategy in their case or the invoices they receive. While the legal process is complex, Mr. Allison attempts to reduce the confusion through a reasonable case management process involving client participation, because a family law case is often the most difficult period of time in a client’s life.