Divorce trials on TV are simple: he testifies, she testifies, the judge rules. Case concluded. In real life, divorce, like many things we experience, is messy and complicated.
When a Divorce Case Needs More Than Testimony
When lawyers begin digging into their clients’ lives, they often come across issues that will require a deeper understanding than what the spouses themselves can provide. Perhaps a wife owns a business or a husband has a mental health issue, either diagnosed or not. Maybe one of the children has a learning disability, or one of the spouses is educated but unemployed.
Common Types of Divorce Experts
All of these issues, and a host of others (alcohol/drug addiction, gambling problem, dishonest financial dealings, etc.) may require input from an expert, someone who has specialized knowledge and training and who can provide the spouses and, if necessary, the court, with an opinion that will assist them in reaching a resolution.
Here are a few examples:
- We frequently employ real estate appraisers to give opinions on the value of the marital home or other real property owned by one or both spouses.
- When a parent has stayed at home during the marriage, perhaps to care for the children, an expert can provide information on what kinds of jobs that person would qualify for and how much they can expect to earn.
- A psychologist can conduct an evaluation of the mental status of any or all members of a family, which often can lead to a parenting plan that takes mental health challenges into account.
- When a spouse owns a business, or even a share of a business, the business interest may be a marital asset, and a business valuation expert can provide an opinion of its value.
- A forensic accountant can trace how a financial account was acquired and how it has been used, which can help determine whether the account is marital property or whether the funds in the account have been dissipated.
What Does a Divorce Expert Actually Cost?
The cost of an expert will vary widely depending upon the nature of the expertise, the expert’s billing rate, and the amount of time required to develop the opinion. Expert witnesses are often asked to testify in trials, which sometimes leads to the “battle of the experts,” in which two experts give differing opinions.
Experts Aren’t Just for Trial
Experts are not limited to use in trials. Often, the spouses cannot agree upon the value of their home and will jointly engage a real estate appraiser to provide them with that value. In many cases, obtaining an expert’s opinion will lead to a negotiated settlement, thus avoiding a time-consuming and expensive trial.
Experts can even be engaged in mediation or collaborative divorces in which the family is dealing with issues requiring professional input.
Choosing the Right Expert Matters
Selecting a skillful expert can be a critical aspect of a divorce. A lawyer with substantial experience will usually have dealt with experts in diverse fields, both in and out of trial. Some experts are extremely knowledgeable but may not be skillful at explaining their opinions to clients and judges. An experienced lawyer can guide you to an expert who is best suited for your purposes.
The need for an expert can emerge as your lawyer gains knowledge about your case. It is important to discuss with your lawyer whether your case will benefit from an expert opinion, what experts the lawyer recommends, and what costs you can anticipate.
The family law attorneys at Paule, Camazine & Blumenthal draw from their individual experiences and frequently consult with one another on selecting the best expert for a particular case. Ask your lawyer about whether an expert will help resolve your case.
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