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What is a Preponderance of the Evidence?

August 25, 2014 Leave a comment

When you bring a lawsuit against someone, you have the burden of proving your claims are true to a set standard. You may present written evidence, expert and layperson testimony, and exhibits in order to support your claim. In most civil law cases, the standard of proof placed upon the moving party, is a preponderance of the evidence. A preponderance of the evidence is the lowest burden of proof in the U.S. legal system, and can be defined in many different ways. One commonly used definition is the greater weight of the evidence, or more likely to be true than not true. Effectively, the standard is satisfied if there is at least a fifty-one percent (51%) chance that the claim is true. The definition of a preponderance of the evidence, however, cannot be reduced to a formula, and it more or less acts as a guide to judges and juries in determining whether a moving party has met their burden.

A preponderance of the evidence is the standard of proof required in most family law matters in New Jersey. Presenting a sufficient amount of evidence to support your version of the facts is necessary to meet your burden. Meeting your burden of proof, however, has nothing to do with the amount of evidence you present. What matters is that the judge or jury believes your version of the facts is more likely to be true than the opposing party’s version. Leaving the judge or jury with some doubt is fine, as long as the scale tips, even slightly, in your flavor.

For further details visit New Jersey Family Law Attorneys or wants an appointment contact Bergen County Divorce Attorneys here: 3 University Plaza, Suite 350 Hackensack, NJ 07601
Telephone: (201) 771-1808

 

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When to opt for collaborative divorce?

August 19, 2014 Leave a comment

Collaborative divorce as the name suggests is a type of divorce in which both the spouses amicably and mutually decide to take a separation legally without taking their divorce case to the court of law. In this case, the spouses with the help of their collaborative lawyers come to a settlement mutually and then end their relationship. There is simply no hassle, waste of time and money in attending trials in court and no grace period to provide the couple with more time to resolve their marriage. However; despite being the most suitable and peaceful way of getting a divorce, all couples don’t prefer taking this road. Apart from that, adopting collaborative divorce as a means of separation is also suitable for only a certain type of couples. Read on to find out when to opt for collaborative family law New Jersey divorce.

28b1 Mutual understanding

This is often one of the most important criterion for opting for a collaborative divorce. This is because, collaborative divorce seeks the consent of both the parties and also require both the spouses to understand that they are mature human beings and that if their marriage has not worked out for some reason, it is their responsibility to dissolve their marriage in a peaceful manner. However; this is not the case always with all the couples seeking divorce.

 Respect for each other

No matter what the reason is and how much a marital relation has suffered, some couples never take their relation to the level of hatred or try to hurt each other in order to make the other suffer. Collaborative divorce is a suitable option for couples who do not want to drag each other to court and get involved in the harassment as they understand and respect each other, even if they have decided to dissolve the marital relation.

 Family approval

Many divorce cases suffer as parents of the spouses often decide to harass the wife or the husband for whatever they have done to their children and want to punish them for ending the marriage. A collaborative family law New Jersey divorce is not suitable for spouses whose parents do not provide the approval for the same and insist their children in taking the other road.

divorce No child custody hassle

Last but not the least, collaborative family law New Jersey divorce should preferably be opted by couples who do not have any issues from the marriage or who have mutually and amicably decided whether the child will be provided in whose custody.

For Further details Visit: Collaborative Divorce CT Attorney or contact Connecticut Divorce and Family Attorney here: Cappalli & Hill, LLC., 325 Highland Ave., Cheshire, CT 06410. Phone (203) 271-3888