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Once cohabitation is shown, the burden of proof, shifts to dependent spouse to show there is no actual economic benefit since because of the cohabitation. fast divorce Divorce recovery christian. 6. Constructive Desertion. The elements of a cause of action for divorce based upon desertion must be established by clear and satisfactory proof, and in cases where desertion is charged to be constituted by denial of matrimonial intercourse, clear and convincing evidence must be presented. fast divorce Florida child support enforcement. 7. Custody Modification. The party seeking modification of an initial custody determination must show by a preponderance of evidence a change of circumstances warranting modification, even though it could reasonably be concluded that a child would benefit from joint custody8. fast divorce Ct alimony law. Exclusive Control of Evidence. A party who has almost exclusive control of evidence will be required to carry the burden on that issue9. Fraud. Fraud is never presumed but must be clearly and convincingly proved through the use of direct or circumstantial evidence by the party who asserts it. 10. Gifts Exempt from Equitable Distribution. The burden of proof is upon the party attempting to establish that a gift is not subject to equitable distribution. 11. Marriage. The burden of proving the marriage is upon the plaintiff, and must include proof that the plaintiff was legally in a position to enter into a valid marriage. 12. Marriage Presumption. The last of two or more marriages is presumptively valid.
Fast divorce
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