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
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?