What Is Request for Admission
A Request for Admission is a formal written question that one spouse sends to the other, asking them to admit or deny specific facts under oath. Unlike interrogatories that ask "how" or "why," requests for admission target yes-or-no factual statements. Once the other party responds, admitted facts are legally binding and cannot be contested later in your case. This makes them a powerful tool in divorce proceedings.
Why It Matters in Divorce
In divorce cases, requests for admission lock in facts around custody, property division, spousal support, and income. If your spouse admits your home was purchased during the marriage, you no longer need to prove it at trial. This saves time and attorney fees. Conversely, if you fail to respond or respond incorrectly, you may lose leverage on critical issues.
Courts in most states treat admissions as conclusive evidence. For example, if your spouse admits they earned $85,000 annually (relevant for spousal support calculations under guidelines in states like California and New York), that income figure stands without further proof. Denials, however, still require you to present evidence at trial.
How It Works in Practice
- Serving the request: Your attorney sends 15 to 40 numbered statements to your spouse's lawyer. Typical examples: "Admit that you earned a gross income of $100,000 in 2023," or "Admit that you maintained a separate bank account titled solely in your name."
- Response deadline: Your spouse has 30 days in most states (35 in California) to respond in writing. They must admit, deny, or object to each statement with specificity.
- "I lack knowledge" responses: If they respond "I lack knowledge sufficient to admit or deny," you can later argue this is an evasion if the fact should be within their knowledge.
- Binding effect: Admitted facts require no further proof and are considered established for the entire case.
- Non-response consequences: Failure to respond on time can result in all statements being deemed admitted. Courts may also impose sanctions including attorney fees.
Common Uses in Divorce and Family Law
- Spousal support: Establishing income, earning capacity, health insurance availability, and whether support should terminate upon remarriage.
- Child custody and support: Confirming custody arrangements, parental involvement, childcare costs, and income for child support calculations under each state's guideline formula.
- Property division: Admitting ownership of specific assets, timing of purchases, characterization of property as separate or marital, and the existence of debts.
- Infidelity or misconduct: In fault-based divorce states (like South Carolina and North Carolina), admissions regarding infidelity can affect alimony awards.
- Gift or inheritance status: Determining whether specific property was a gift or inheritance, which may remain separate property under state law.
Common Questions
What happens if I refuse to respond to requests for admission?
Non-response has serious consequences. In most states, courts treat unanswered requests as admitted. Your spouse can then move forward assuming all facts are true without proving them. Additionally, the court can impose monetary sanctions and order you to pay your spouse's attorney fees for the motion to compel.
Can I change my admission later if circumstances change?
Admissions are very difficult to withdraw. You would need to file a motion to withdraw the admission and show good cause, such as mistake, inadvertence, or fraud. Courts rarely grant these motions once discovery is complete. This is why careful review before responding is essential.
Should I admit facts I'm unsure about?
No. If you genuinely lack knowledge, respond "I lack knowledge sufficient to admit or deny." If you dispute the fact, deny it clearly. Your attorney should review every request before you respond. Denying something you actually cannot prove at trial undermines your credibility with the judge.
Related Concepts
Discovery is the broader process of which requests for admission are one part. Interrogatories are similar written questions but require longer narrative answers rather than simple admissions or denials.