Burden of Proof in Divorce Cases
Attorneys should be sure that their clients understand the basics of what "burden of proof" must be proved in their divorce cases. The more a client knows, the more helpful he/she can be in obtaining the necessary evidence to help the attorney prove the case and obtain the divorce.
Each of the divorce grounds has certain, specified elements that must be proven. For instance, in order to be granted a divorce on adultery, a party must prove by "clear and convincing" evidence that his/her spouse had both “inclination and opportunity” to have intercourse with a person of the opposite sex. However, the law does not require absolute proof of adultery.
It is usually necessary to have some corroborating evidence in addition to the testimony of the suing party. There are numerous ways to prove divorce grounds. For instance, in cases of physical cruelty, treating physicians can testify about medical treatment rendered or witnesses can testify about marks and bruises they have seen. In adultery cases, pictures of the spouse and lover acting romantically or entering an apartment or motel are sometimes sufficient. In habitual drunkenness cases, the Court can consider things such as prescription records, checks at liquor stores, or pictures of empty liquor bottles.
In rare cases, the Judge may not require corroborating evidence if he is thoroughly convinced there is no collusion. Collusion means the parties have conspired to fake the grounds for divorce. Collusion is illegal and leads to perjury and is also unethical and improper.
Source: Stevens - MacPhail, P.A. website
Each of the divorce grounds has certain, specified elements that must be proven. For instance, in order to be granted a divorce on adultery, a party must prove by "clear and convincing" evidence that his/her spouse had both “inclination and opportunity” to have intercourse with a person of the opposite sex. However, the law does not require absolute proof of adultery.
It is usually necessary to have some corroborating evidence in addition to the testimony of the suing party. There are numerous ways to prove divorce grounds. For instance, in cases of physical cruelty, treating physicians can testify about medical treatment rendered or witnesses can testify about marks and bruises they have seen. In adultery cases, pictures of the spouse and lover acting romantically or entering an apartment or motel are sometimes sufficient. In habitual drunkenness cases, the Court can consider things such as prescription records, checks at liquor stores, or pictures of empty liquor bottles.
In rare cases, the Judge may not require corroborating evidence if he is thoroughly convinced there is no collusion. Collusion means the parties have conspired to fake the grounds for divorce. Collusion is illegal and leads to perjury and is also unethical and improper.
Source: Stevens - MacPhail, P.A. website
My question is... If you had a previous order of seperation and then got back together for more than 24 months do the statutes from the first order still stand when a second seperaion is sought after. My wife is seeking that the home is not marrital property after we lived together in the home for almost two and a half years. sharing the expenses of the home. Our home has gained substanial value since purchasing it and she feels as though that gain is hers and not ours.
My wife was involved in adultary with her lover. I have mobile SMS message as a evidence.
I would like to know whether it is enough for getting a divorce from my wife.
I have a question. If I admit to adultery do I loose all of my marital assets? I am also in the process of filing for bankruptcy as I cannot afford the temporary order requiring myself to pay for half of a debt consolidation loan that records can verify were primarily business related expense via credit card transacttions.
My husbank has primary custody of our 4 children due to our mutual agreement that they should not be taken out of their home environment.
The home is in both of our names. There is also a company which we both share ownership in ( a self-employed business), this was our source of income. We both own 50% of the company.
In filing bankruptcy how will this affect the joint mortgage and company?
What are some cases where adultery was proved?
My husband has admitted a 2 year - (continuing) sexual affair with a family friend. Must I spend the money on a private investigator to provide photos? Is an affidavit signed by him & lover or subpeona enough to prove adultery in court?
I am living apart from my husband and he is admitting adultery. What would I need to file for divorce on grounds of adultery?
My husband has had an affair for 4.5 yrs with a woman he claims he has never met. They talked with each other for hours everyday, have phone and cyber sex on an average of 3-4X a week. I know they use the private Instant messager, the cell phone and text messaging and e-mail. Both have verbally admitted to all. They both have told me they have told each other they love each other for years. They have had opportunities to meet but they got wrecked with something that would come up by a third party. They live in CT, NJ and at times SC. Both have verbally shared this with me. There is so much more. However, the only thing I have as tangible concrete evidence is a cell phone record of the enornmous amount of calls and text messages and picture/video messages. I do have a sample "dating search" profile where my husband is passing himself off as a 32 year old separated looking for an 18-32 year old (he is 55yrs old). I also have e-mail photos and a sample comment.
I learned about this affair in fall 2004 and my husband lead me to believe it was over and he wanted to make things right. Times were tough and I began to suspect things were not right for a long while. I confronted him and he would refute he was doing anything making the phone calls to her. In April, I had had enough and asked again, when he refused to answer my question, that basically confirmed it. I told him I was not going to share him with another woman. We had three very long talks and agreed to separate. The next day, out of happenstance because I did not want to pay for his "folly", I wanted him to get his own phone and pay for it. Verizon showed me how to know when his calls stopped so I would know I was not paying for his calls. It was then I saw how to print out the phone detail and message detail. I was absolutely devestated at the degree, frequency and level of their involvement. I went to pieces. I spent a week in the motel room sorting things out. He wanted to make our marriage work but continues to not accept any kind of counseling (been after him for 10 years for this) and he will not give up the other woman who he calls his very good friend. So other issues aside, I told him that I needed a divorce...didn't want to but had to. Now my question is simple, I have nothing but verbal admission beyond what I indicated. They both claim they have never seen each other so there was no "penetration" as in the definition of adultery. Am I even going to be able to do this?