Burden of Proof
The obligation to prove allegations in court. In most divorce matters, the standard is 'preponderance of the evidence' — meaning more likely than not.
Understanding Burden of Proof
The burden of proof determines who must prove what in a divorce case. The petitioner generally bears the burden of proving grounds for divorce, while each party must prove their claims about assets, income, or custody fitness. In fault-based divorces, the filing spouse must prove the alleged fault (adultery, cruelty, abandonment). In custody disputes involving abuse, the accusing parent must present sufficient evidence. A higher standard — clear and convincing evidence — may apply in certain situations like terminating parental rights.
Real-World Examples
The wife bears the burden of proof to show that the husband dissipated $100,000 in marital assets through gambling.
Related Terms
The formal legal process of exchanging information and documents between parties in a divorce. It includes interrogatories, requests for production, depositions, and subpoenas.
AffidavitA written statement of facts made under oath and signed before a notary or authorized officer. Affidavits are used extensively in divorce proceedings as evidence.
Contested DivorceA divorce where the spouses cannot agree on one or more key issues — such as custody, property division, or support — and a judge must decide.
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.