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Atlanta Divorce Attorney > Blog > Divorce > What Is the Burden of Proof for Divorces in Georgia?

What Is the Burden of Proof for Divorces in Georgia?


The “burden of proof” is a common concept used in the legal world – and it also applies to divorces. The burden of proof is a legal concept regarding who has the obligation how to prove something and by what standard it needs to be proved. Understanding the burden of proof can help you approach your divorce with confidence and efficiency.

The Burden of Proof Quantified in a Divorce 

In a divorce, the burden of proof is the “preponderance of evidence.” A “preponderance of the evidence” means that the thing you are trying to prove is more likely to have happened or be true than not. It is similar to being about 51% certain about something. This is the same burden of proof used in all civil cases, including injury lawsuits, contract disputes, and so on. It is not, however, the same burden of proof used in criminal cases. The burden of proof in criminal cases is “beyond reasonable doubt.” While proving something “beyond reasonable doubt” requires almost 100% certainty,

Why Might You Need to Prove Something in a Divorce? 

For many divorces in Georgia, it is not necessary to prove anything at all because the burden of proof only becomes necessary in hearings, trial or arbitration. If the divorce is resolved through alternative dispute resolution techniques – such as mediation, or informal settlement, neither party is required to prove anything. These processes are not subject to the same standards and rules as hearings, trial or arbitration.

For a hearing, trial or arbitration however, it might be necessary to satisfy the burden of proof. For example, you might need to show that the other parent is unfit to be the primary parent in a custody case. This might involve proving that the other parent  has issues such as child abuse, substance abuse, parental alienation, neglect, and so on. Alternatively, if you are seeking a larger portion of equitable division or alimony, you might demonstrate that the other party has committed financial misconduct. This might include concealing assets, dissipating assets, or other similar acts.

To satisfy the burden of proof, you need compelling evidence. This is something that a qualified divorce attorney can help you with – and you should discuss your unique situation alongside a lawyer. Compelling evidence might include anything from police reports and medical records to financial statements and blockchain entries. Additionally, the evidence must be admissible – just because something exists does not mean it is admissible. There are rules around what information can be provided to the Court – the evidence must be obtained legally, it must be relevant, etc.

Find a Qualified, Experienced Divorce Attorney in Georgia 

If you’ve been searching for a qualified, experienced Atlanta divorce attorney, look no further than Kaye, Lembeck, Hitt & French. The burden of proof can affect divorces in several different ways, and it is best to work with qualified attorneys. Proving or disproving evidence can help you in custody battles, property division disputes, and other family law cases. Book your consultation today to get started with an effective action plan.



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