Gathering evidence for your Florida divorce case can be daunting.
Consider using the discovery tool called Request for Admissions found in Rule 12.
370 if you have requested alimony or child support and your spouse is not providing financial information as required.
Remember, it is up to you to prove your spouse's income in order to win an award.
A Request for Admissions can help you prove your case.
What is a Request for Admissions? These requests ask that your spouse admit certain facts that seem to be disputed in your case or that your spouse admit certain documents are "authentic.
" (Documents must be "authenticated" before they are admitted into evidence at trial).
So for example, if your spouse has not filed the financial affidavit or provided Mandatory Disclosure documents about his or her income, you can ask that your spouse admit s/he earns a certain wage.
Your request would be along these lines: "Admit that you earn $3,000 per month in net pay.
" Either side can file a Request for Admissions.
This article is written primarily for a petitioner who is seeking to prove a disputed claim, but respondents can use the Request for Admission too.
Why Use Requests for Admissions? Using the Request for Admissions may help you narrow down the issues that the judge needs to decide in a contested case and/or prove that documents are authentic.
That's because any matter admitted in this process is "conclusively established" for the purpose of your divorce case.
That means you have proven that fact in your case.
Using the income example in the previous section, if your spouse admits s/he earns $3,000 net income per month, at trial you will not have to prove the income by other methods, even if your spouse did not file a financial affidavit.
You can introduce the admissions at trial and they will be your proof.
Because you have now proven your spouse's income, you can calculate child support based on the net income admitted.
Timing a Request for Admissions A request for admissions can be sent anytime after the petition has been filed and can even be served with the summons and petition for dissolution of marriage.
The better practice, as far as timing, is to wait until your spouse files an answer that disputes any claims in your petition.
Using the claims your spouse has denied in his or her answer to your petition, you will see where the disputes are and can design a Request for Admissions that proves the facts necessary to your case.
How To Use Requests for Admissions First, your request can only contain a total of 30 requests, including all the sub-parts, unless you ask the court for permission to send more.
Take a look at the paragraphs in your Petition for Dissolution of Marriage and see which ones your spouse denied.
Concentrate on facts that will prove the claims in your divorce petition.
If you have documents but don't know how to "authenticate" them and get them into evidence, a Request to admit that the documents are authentic can help you if your spouse admits authenticity or fails to answer your request.
You must attach copies of the documents to the request if you want your spouse to admit the authenticity of documents.
The fact or authenticity of a document contained in your request will be "admitted" unless your spouse serves a written answer denying the fact or authenticity or files an objection within 30 days after service of the request.
Of course, you will need to add the mailing time if you send the requests by mail.
Answering a Request for Admissions If you are answering a Request for Admissions, be very careful! First, be sure you mark your calendar and file your answers on time.
If your answer is not filed on time, you will "admit" the facts in the Request.
Second, if a fact is not true, you must deny it or tell the court in detail why you cannot truthfully admit or deny the fact.
Third, if part of the request is true and part is not, you must separate your answer specify which part is true and which part is not.
Finally, if the request asks for information that you do not have in your possession, you have to make a "reasonable inquiry" and try to find the information.
If you make a reasonable inquiry and still cannot learn the information, you need to file an answer that says you made the inquiry and still have no knowledge of the fact.
Be aware that if you deny a fact and the other side later proves that the fact was true, you can be charged with the expense of proving that fact.
A well-timed Request for Admissions can help you prove your case and move the case along toward trial or settlement.
Consider using these requests in your Florida divorce case.
Consider using the discovery tool called Request for Admissions found in Rule 12.
370 if you have requested alimony or child support and your spouse is not providing financial information as required.
Remember, it is up to you to prove your spouse's income in order to win an award.
A Request for Admissions can help you prove your case.
What is a Request for Admissions? These requests ask that your spouse admit certain facts that seem to be disputed in your case or that your spouse admit certain documents are "authentic.
" (Documents must be "authenticated" before they are admitted into evidence at trial).
So for example, if your spouse has not filed the financial affidavit or provided Mandatory Disclosure documents about his or her income, you can ask that your spouse admit s/he earns a certain wage.
Your request would be along these lines: "Admit that you earn $3,000 per month in net pay.
" Either side can file a Request for Admissions.
This article is written primarily for a petitioner who is seeking to prove a disputed claim, but respondents can use the Request for Admission too.
Why Use Requests for Admissions? Using the Request for Admissions may help you narrow down the issues that the judge needs to decide in a contested case and/or prove that documents are authentic.
That's because any matter admitted in this process is "conclusively established" for the purpose of your divorce case.
That means you have proven that fact in your case.
Using the income example in the previous section, if your spouse admits s/he earns $3,000 net income per month, at trial you will not have to prove the income by other methods, even if your spouse did not file a financial affidavit.
You can introduce the admissions at trial and they will be your proof.
Because you have now proven your spouse's income, you can calculate child support based on the net income admitted.
Timing a Request for Admissions A request for admissions can be sent anytime after the petition has been filed and can even be served with the summons and petition for dissolution of marriage.
The better practice, as far as timing, is to wait until your spouse files an answer that disputes any claims in your petition.
Using the claims your spouse has denied in his or her answer to your petition, you will see where the disputes are and can design a Request for Admissions that proves the facts necessary to your case.
How To Use Requests for Admissions First, your request can only contain a total of 30 requests, including all the sub-parts, unless you ask the court for permission to send more.
Take a look at the paragraphs in your Petition for Dissolution of Marriage and see which ones your spouse denied.
Concentrate on facts that will prove the claims in your divorce petition.
If you have documents but don't know how to "authenticate" them and get them into evidence, a Request to admit that the documents are authentic can help you if your spouse admits authenticity or fails to answer your request.
You must attach copies of the documents to the request if you want your spouse to admit the authenticity of documents.
The fact or authenticity of a document contained in your request will be "admitted" unless your spouse serves a written answer denying the fact or authenticity or files an objection within 30 days after service of the request.
Of course, you will need to add the mailing time if you send the requests by mail.
Answering a Request for Admissions If you are answering a Request for Admissions, be very careful! First, be sure you mark your calendar and file your answers on time.
If your answer is not filed on time, you will "admit" the facts in the Request.
Second, if a fact is not true, you must deny it or tell the court in detail why you cannot truthfully admit or deny the fact.
Third, if part of the request is true and part is not, you must separate your answer specify which part is true and which part is not.
Finally, if the request asks for information that you do not have in your possession, you have to make a "reasonable inquiry" and try to find the information.
If you make a reasonable inquiry and still cannot learn the information, you need to file an answer that says you made the inquiry and still have no knowledge of the fact.
Be aware that if you deny a fact and the other side later proves that the fact was true, you can be charged with the expense of proving that fact.
A well-timed Request for Admissions can help you prove your case and move the case along toward trial or settlement.
Consider using these requests in your Florida divorce case.
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