Some divorce disputes involve questions that cannot be resolved simply by asking the spouses what happened. Determining the value of real estate, analyzing complicated financial transactions, or evaluating another specialized issue may require knowledge outside ordinary experience.

An expert witness can provide specialized opinions relevant to those disputed issues. Depending on the case, experts may become an important part of settlement discussions, discovery, and ultimately trial preparation.

What Types of Issues May Require an Expert?

The expert needed depends on the issue being evaluated.

A real estate appraiser, for example, may provide an opinion regarding the value of property. Financial professionals may be needed when a case involves complicated accounting, tracing, business interests, or other financial questions.

The source materials include procedures for obtaining an appraisal and for allowing an appraiser’s report and opinion to be considered as evidence under an appropriate agreement, while preserving the parties’ ability to cross-examine the appraiser.

Not every disagreement requires an expert. The potential value of specialized testimony should be considered alongside the complexity of the issue and the cost of obtaining it.

Experts May Have to Be Disclosed Before Trial

Trial preparation includes procedures for exchanging expert witness information.

A party may demand a mutual and simultaneous exchange identifying the people the parties expect to call as expert witnesses at trial or whose deposition testimony containing expert opinions is expected to be offered.

Depending on the expert, additional information may also be required.

The source materials provide for production of discoverable reports and writings prepared by the expert in developing the expert’s opinion when those materials are properly requested.

This allows the parties to understand the expert evidence before the trial actually begins.

An Expert Can Be Questioned Before Trial

Expert testimony does not necessarily come as a surprise on the day of trial.

An opposing party may use discovery procedures to examine an expert’s opinions beforehand. The expert’s reports and writings may be reviewed, and the expert may potentially be deposed.

This process can help identify exactly what the expert intends to say, what information the expert relied upon, and where the parties disagree.

It also allows each side to evaluate whether expert testimony strengthens or weakens a particular position before deciding how to present the issue at trial.

Expert Evidence Should Match the Issue

Hiring an expert does not automatically make a position stronger.

The expert’s usefulness depends on whether specialized knowledge is actually needed and whether the expert has sufficient information to form a meaningful opinion.

When expert evidence is appropriate, identifying the issue early can provide time for the expert to review the necessary records, prepare an opinion, participate in discovery, and be properly disclosed before trial.