Divorcing Couples

Burden of Proof for Retaining Separate Property Upon Divorce In a blog post earlier this year, we discussed the importance of maintaining a paper trail in post judgment matters, as it relates to the collection of various expenses. Similarly, documentation to support the burden of proof is a crucial issue for divorcing couples, who may just assume that—1. because they had an asset before they were married; 2. inherited an asset before or after they were married; and/or 3. received a monetary award in connection with a lawsuit—the asset/award is automatically theirs. However, it is not that simple! “Who has the burden of proof? Is the burden on me or you with regard to maintaining separate property?” The [...]