The burden of proof is the responsibility of a party in a case to demonstrate by the amount and quality of evidence and the required degree of persuasion.

Meeting the burden of proof is the party must convince a judge or a jury of the merits of the case.

The required degree of persuasion -- preponderance of evidence for civil actions -- is the standard.

Beyond a reasonable doubt is the highest and most demanding standard for burden on proof and is required in criminal cases. This standard is sometimes described as "entirely convinced" or "satisfied to a moral certainty," and it must be met to deprive a person of life or liberty.

Clear and convincing, a less demanding threshold, requires "a firm belief" or "reasonable certainty" of the truth of claimant’s paternity actions.

Preponderance of evidence, the standard in divorce actions, means that it is more probable than not that the litigant is right and that his or her assets in the casinos of New Jersey requires much less evidence -- and has a lower burden of proof -- than a criminal charge that he shot the blackjack dealer.

Sometimes, the term uncontested divorce actions, there is no presentation of cases in chief because there is no proof is necessary to provide to the court since both parties agree to what has been presented to the court.

However, within contested cases, the phrase burden of proof frequently comes into play in various phases of the action, particularly in divorce cases where so often the allegations turn on he said-she said claims.

For example, in the case of dispute between spouses about whether a gift from one to the other is marital or separate property the courts place the burden of proof on the recipient, who must demonstrate intent by the donor and delivery and acceptance by himself or herself -- the common-law definition of a gift.

In divorce actions where, for example, domestic violence is at issue, courts frequently issue an appear and present to the court a reason why a particular decree should not be confirmed.

When the parties of divorce dispute the distribution of retirement is being taken for health reasons, the burden of proof is on him.

In a similar fashion, the claims of ownership of party asserting that options are separate property.

Property settlements sometimes create unfavorable party asserting that the consequences should be considered.

The active or passive claim of a wife who gave indirect homemaker services -- put simply, being a stay-a-home mother -- may face a steep climb.

Divorce actions sometimes involve allegation of dissipation of marital assets. Generally, a asset is considered dissipated if 1) the asset is lost; 2) the loss happened upon and after the breakdown of the marriage; 3) the guilty spouse to prove a valid marital purpose.

If a attorney fees.

In uncontested divorce, no claims requiring proof are made.

See Beyond a Reasonable Doubt; Clear and Convincing; Preponderance of Evidence.

See also Dissipation of Assets; Standard of Evidence.