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Burden of Proof

July 2, 2026

Burden of proof is the obligation one party has to prove their claim or the relief they are requesting to the required legal standard. In Arizona family law different issues carry different burdens of proof.

The party who makes the claim generally bears the burden of proving it. In a property division case the party claiming something is separate property bears the burden. In a maintenance case the requesting party bears the burden of establishing eligibility.

The Alec and Lydia Act established a two-tiered burden of proof for the domestic violence presumption. Clear and convincing evidence to get unsupervised parenting time or any legal decision making. Preponderance of the evidence to get even supervised parenting time.

 

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7025 N. Scottsdale Road, Suite 303
Scottsdale, Arizona 85253