CALIFORNIA FAMILY LAW
...Procedure Before Trial/Hearing
......Trials/Requests for Orders
.........Burden of Proof/Shifting
7 Cards On This Topic:
  • Moving party has the burden of proof.
  • Burden of proof is generally preponderance of evidence.
  • When it is not disputed the community has an interest in s/p, the burden to provide the necessary information falls on the parties equally.
  • Business owner has burden of proving correctness of income and expenses.
  • After party with burden of proof makes prima facie case, burden shifts to other party to rebut.
  • Burden of proof for a specific issue properly placed on party with best access to that information.
  • Where non-managing spouse has prima facie evidence that community assets disappeared while in the control of managing spouse post-separation, BOP properly shifted to managing spouse to account for the missing assets.