What is the Burden of Proof in a California Divorce?
California is a “true” no-fault divorce state, which means that you do not even have the option to prove fault when filing for divorce. However, this only applies to the beginning of the divorce process – and you might have to prove fault during the later stages. When you attempt to prove anything in court, it is important to understand the “burden of proof.” What exactly does this term mean, and why is it important in the context of a California divorce?
The Burden of Proof Explained
In the United States, the burden of proof always lies with the accuser. In other words, someone accused of wrongdoing has no legal responsibility to prove their innocence. Instead, the accuser must establish that this wrongdoing has occurred. If they fail in this regard, the accused can escape consequences without presenting any evidence in their defense. Our team of California divorce lawyers can help you understand and navigate these complexities. Consulting with a Upland divorce attorney is crucial to effectively present your case. For personalized support, consider working with a divorce law firm in Southern California.
You Must Show a “Preponderance of Evidence” in a California Divorce Trial
If you want to prove that your ex did something wrong during your marriage, you need to show a “preponderance of evidence.” Many California residents may be more familiar with the phrase “beyond reasonable doubt,” which is the burden of proof for criminal cases. You should know that the burden of proof for civil cases is lower than that of civil cases.
Prosecutors may need to prove a 99% likelihood of guilt in a criminal case. However, a “preponderance of evidence” is more in line with a 50% likelihood of wrongdoing. This is also called a “weight of evidence,” and the evidence of wrongdoing must “outweigh” evidence of innocence. Note that there is no such thing as “guilt” in a civil case, as someone may only be proven guilty in criminal court.
Why Might You Want to Prove Misconduct in a Divorce?
You might need to prove various types of marital misconduct in a California divorce. After you prove that this misconduct actually occurred, you may experience notable benefits. Here are a few examples:
- Proving Substance Abuse: If you successfully prove that your ex struggled with substance abuse during the marriage, you might experience more favorable results in the context of child custody. You might also experience financial benefits if you can prove that your ex wasted marital funds on the addiction.
- Proving Concealed Assets: High-net-worth spouses may benefit from proving the existence of concealed assets. If you establish that these assets actually exist, you can access them during the property division process. In addition, your ex may experience various legal consequences for attempting to conceal the assets.
- Proving Domestic Abuse: It may be well worth the effort to prove domestic abuse, particularly in the context of child custody and protective orders.
Find an Experienced Divorce Attorney in San Bernardino County
If you have been searching for an experienced divorce lawyer in San Bernardino County, look no further than The RM Law Group divorce law firm. We know that you might need to prove various things during your divorce, and we can help you gather the necessary evidence. Although the burden of proof is lower in civil cases than in criminal cases, it may still be challenging to establish key facts as an accuser. Contact us today at 866-706-3160 to get started with an action plan.
Jason Martinez is a co-founding partner of RM Law Group, LLP. His practice focuses exclusively on California Family Law and community property division, including litigation and settlement of complex and high-conflict divorce and child custody proceedings. Jason understands that divorce and family law issues have long-term effects on all family members, especially the children.
