What Is a “Preponderance of Evidence” During an Atlanta Divorce?
If you’re trying to prove something during a divorce in Atlanta, you might have heard that you need a “preponderance of evidence.” This is the “burden of proof” in all civil cases – including divorces. But what exactly does it mean? Complex legal terms like this can be confusing for average spouses who just want to move on with their lives. Fortunately, your divorce lawyer in Atlanta can explain these concepts and help you navigate proceedings.
Preponderance of Evidence Means “More Likely Than Not”
A preponderance of evidence shows that allegations are more likely to be true than not. In other words, the chances of the accusations being true is higher than 50%. You should know that this is a much lower “burden of proof” compared to criminal cases. When you’re trying to convict someone of a criminal offense, you must establish their guilt “beyond reasonable doubt.” While the exact percentage isn’t clear, this is generally a likelihood higher than 90%.
But while establishing a preponderance of evidence might be easier than establishing guilt beyond reasonable doubt, this process can still be challenging. Perhaps most notably, “he said, she said” evidence will not meet this threshold.
Why Might I Need to Show a Preponderance of Evidence?
You might need to show a preponderance of evidence if you want to establish that your ex has committed certain misconduct during your marriage. One of the most common allegations is domestic violence. If you are successful in establishing that your ex committed domestic violence during the marriage, this may help you achieve a more favorable child custody outcome. Family courts in Georgia generally try to avoid placing children with violent parents.
Another common allegation is financial misconduct. This might involve willful dissipation of marital assets, also known simply as “marital waste.” This form of misconduct occurs when spouses intentionally destroy or damage the value of marital (shared) property. Examples include gambling away the family fortune, damaging family vehicles, and funding illicit affairs.
Another form of financial misconduct is the concealment of assets. This is common in high-net-worth divorces, as there is a financial incentive to hide lucrative assets with questionable strategies. Examples include offshore banking, secret crypto wallets, loan schemes, and much more. Spouses who wish to prove this misconduct often enlist help from forensic accountants.
Consider Negotiating in Private
If you know that your ex has engaged in certain misconduct, consider broaching the topic during private negotiations first. Divorce trials can be expensive and time-consuming. Your ex might prefer to work out some kind of deal, especially if they want to keep their misconduct out of the public eye.
Can an Atlanta Divorce Lawyer Help Me Establish a Preponderance of Evidence?
Spouses who need to prove certain things during their divorce proceedings often require legal assistance. Although you might be able to gather certain evidence on your own, it is all too easy to violate certain rules. If you’re not careful, your evidence might not be admitted into the record. An experienced Atlanta divorce lawyer can gather evidence on your behalf, helping you prove things like domestic violence, financial misconduct, and much more. Reach out to Buckhead Family Law to begin the planning process.
Sources:
law.cornell.edu/wex/preponderance_of_the_evidence
childwelfare.gov/resources/definitions-domestic-violence-georgia/#:~:text=The%20term%20’family%20violence’%20means%20the%20commission%20of%20the%20offenses,between%20family%20or%20household%20members.
