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Divorce Discovery – Requests for Admissions

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As stated in the blog entitled "Divorce Discovery - Interrogatories," a party "may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party…" OCGA §9-11-36(a). In a divorce action, this means a party can obtain information about pretty much anything because almost every aspect of a person's life is relevant to their divorce action.

Another method of obtaining discovery from your spouse in a divorce action is through requests for admissions. Requests for admissions basically ask a party to admit or deny a specific statement. OCGA §9-11-36(a)(2). Like interrogatories and document requests, these requests require a response within30 days. OCGA§9-11-36(b). When used properly, requests for admission can be a very powerful discovery tool because, so long as the request is relevant, the party has to answer. For example, if you believe there is documentary evidence that your spouse is having an affair, you can ask your spouse to admit or deny that they are in a romantic relationship with a particular person. Your spouse will be forced to either admit the relationship, or deny it and risk committing perjury when the documentary evidence comes to light.

Anything admitted in response to these requests is "conclusively established" under Georgia law. OCGA§9-11-36(b). For this reason, requests for admissions combined with requests for production of documents (to your spouse or to a third party) can help you prove an affair, prove your spouse is hiding money/property or help to establish other facts that may be helpful in your divorce action.

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