Family law can often be complex and opaque, especially when grappling with the emotional strains of a divorce or custody dispute. However, when divorce disputes are complex and involve nuanced fields, the knowledge and expertise required to make an accurate decision may be more than just legal. In these cases, expert witnesses in court may be able to clarify these fields for the judge to make an informed decision.
Expert witnesses can shed light on complex cases and may help provide a way forward toward a conclusion. Having an expert witness in court who is not biased toward one party or the other can help provide concrete details and experiential knowledge that can help inform decision-making over issues like financial matters, child custody disputes, and mental health concerns.
For more information on how an expert witness could benefit a divorce or custody case, consider speaking with a skilled Colorado family law attorney from Johnson Law Group. Schedule a consultation today by calling the office at (720) 445-4444.
Expert witnesses in court for a Colorado family law case often play a very specific role in the proceedings. While ordinary witnesses may be called to verify or present the facts as they remember them, expert witnesses are often called to speak to the more nuanced aspects of a case. Due to their expertise in a given field, these witnesses may be able to clarify pertinent details to help the presiding judge make informed decisions.
This knowledge they present may not be legal in nature, but specific to their field and providing necessary context for the decisions the judge is expected to make. In the case of a family law dispute, these expert witnesses in court must follow the guidelines presented by the Colorado Rules of Civil Procedure, as opposed to the criminal law procedures.
Due to the many complex subjects and concerns that may arise in a Colorado family law case, such as divorce, child custody, or spousal support, there are many different kinds of expert witnesses in court that one may encounter. Understanding what expert witnesses may be available may aid in constructing a solid case before going to court.
For more information on the role played by expert witnesses in court, consider speaking with a skilled family law attorney from Johnson Law Group.
One of the more common expert witnesses in court, particularly in the case of high net worth divorces, is the forensic accountant. As the name implies, a forensic accountant is a skilled financial advisor who can examine accounts and provide an accurate picture of a party’s accounts and the total value of their assets. This form of expert witness is often employed in divorce cases where one party is suspected of concealing assets or misrepresenting their financial situation to influence equitable distribution decisions. A forensic accountant may be able to provide a clear picture of a party’s financial situation to assist in finding a fair distribution agreement.
In child custody cases, a professional evaluator may be brought in to advise the judge on the child’s best interests. Child custody evaluators are trained to examine and understand family dynamics, complicating factors, and the mental and physical needs of the minor children involved. Child custody evaluators may be able to provide direction and clarity on what the best custody arrangement for a child might be.
When it comes to divorce and child custody, there may be an element of mental or psychological complications with either party. A mental health professional such as a counselor or psychiatrist may be able to weigh in on questions of psychological health such as the capacity to care for a minor or the effect the divorce is having on the children involved. Psychologists and other mental health professionals may be able to help the court understand the relevant factors that could influence a child custody arrangement or parenting time.
Equitable division of assets can often be a divisive subject during a divorce case, and one factor that can deeply influence these discussions is the actual market value of a piece of real estate. In these cases, it is not unusual for a real estate appraiser to be brought in to accurately assess the value of a property. With this information, the courts can proceed with the division of assets with confidence, knowing the agreed-upon value of the property as confirmed by an expert.
Additionally, some couples must also divide business assets in divorce, which can be complex. Businesses are often valued by their earning potential, which is not a straightforward thing to calculate. In these cases, a vocational expert may be called in as a witness to affirm or project the value of a business or a stake in a business that they have extensive experience with. The experience of these expert witnesses in court may provide beneficial context to the judge who
While expert witnesses in court may have certain distinctions and credentials, many may still wonder what makes an expert witness different from a lay witness. C.R.E. 701 explains the key difference between what a lay witness is allowed to provide in a court case and what an expert witness in court can present. Lay witnesses are allowed to present factual evidence that they observed, but are often barred from providing commentary or tangential assumptions or inferences. Additionally, they are often not permitted to provide technical knowledge and understanding that may influence court decisions as an expert witness can. Generally, lay witnesses can provide factual information and observable phenomena, but cannot offer advice or expertise, while an expert witness may be able to provide both.
Bringing in an expert witness may offer many distinct benefits in a Colorado family law case. The understanding and expertise of these witnesses can clarify confusing topics and potentially uncover hidden nuances or underhanded actions. Additionally, the advice of an expert may hold significant sway in a court of law, which may work in the favor of the interested parties.
However, bringing in expert witnesses in court may also come with its own set of challenges. An expert witness could be dismissed if the court deems their input is subject to prejudice, confusion, or a waste of time. Hiring expert witnesses can also be expensive and difficult to navigate in court, as some cases require certain criteria to be met for the expert witness to testify, such as requiring both parties to agree on an expert witness.
Clarifying matters in a divorce or family law case that requires expert witnesses in court may be difficult, as each case may require an understanding of the nuance of Colorado law. Having access to skilled legal counsel may be able to mitigate these concerns and clarify the right path to take. Consider scheduling a consultation with a Colorado family lawyer from Johnson Law Group today by calling the office at (720) 445-4444.
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