Almost every question in a Georgia divorce is decided by a preponderance of the evidence.
What the Standard Means
In Coxwell v. Coxwell, 296 Ga. 311 (2014), the Georgia Supreme Court held that “[a] divorce action is a civil proceeding” and is therefore governed by the ordinary civil standard set out in OCGA 24-14-3. Quoting earlier authority, the Court described what that standard asks for: “that superior weight of evidence upon the issues involved, which, while not enough to free the mind wholly from a reasonable doubt, is yet sufficient to incline a reasonable and impartial mind to one side of the issue rather than to the other.”
Superior weight is the whole of it. The judge or jury does not need to be free of doubt, only tipped one way.
How It Played Out in Coxwell
Both spouses agreed they had signed a valid prenuptial agreement, and neither could find it. The husband asked the trial court to enforce it and to declare its terms. The wife urged the court to require the higher clear and convincing evidence standard, and the Supreme Court declined, holding preponderance was the correct standard.
It did not help the husband. The trial court found that both spouses had testified truthfully and each honestly believed their own recollection of the terms was correct. Unable to prefer one account over the other, the court found the husband had not carried his burden, and the Supreme Court affirmed.
Why That Result Follows
A standard that turns on which side weighs more gives nothing to the party who has to prove something when the evidence comes out even. On appeal, the trial court’s factual findings stand unless clearly erroneous, and its judgments about who was believable are given deference.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!