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The Divorce Encyclopedia
Clear and Convincing Evidence


Term Definition Clear and Convincing Evidence - a standard of proof in a civil case, refers to the difficulty faced by a litigant in prove his or her case.
Application in Divorce Not as high as the burden in a criminal case, which is beyond a reasonable doubt. This burden requires "a firm belief" or "reasonable certainty" of the truth of claimant’s allegations in the mind of a judge or jury. As such it is a middle ground, below reasonable doubt and above preponderance of evidence.

This is the standard required to set aside a prenuptial or antenuptial agreement.

See also Preponderance of Evidence, Reasonable Doubt.

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