Why You May Need Witnesses In Your Divorce Hearing
People are used to expert witnesses testifying in personal injury or criminal cases. However, even some divorce cases may require the services of an expert witness. Whenever you have a divorce issue that the average person may not understand, you need a professional to expound on the issue so non-professionals can understand it. Here are three examples of situations in which you may need the help of an expert witness during divorce:
Your Divorce Involves Child Custody Issues
Child custody is one of the most contentious issues in divorce. Luckily, the family court judge will make the decision that favors the interest of the child. This includes scrutinizing your (the parents') characters to determine who is best placed to meet the child's best interests.
As you may suspect, one of the best ways the court can unearth this information is by listening to those with whom you have contacts and dealings in everyday life. The friends you usually invite for birthday parties, work colleagues, and neighbors can testify to your good behavior or your partner's bad character. For example, your child's teacher may testify that you are always on time when dropping off the child or picking him or her up from school, which shows that you are concerned about his or her education.
You Are Involved In a Fault Divorce
You may also need witnesses if you are going through a fault divorce, which requires you to prove that your partner did something so wrong that you have no option to divorce him or her. Some common grounds for fault divorces include adultery, cruelty, and desertion.
Whether you are the one filing for the fault divorce, or you are defending yourself, you need to prove or refute the alleged grounds for the divorce. Just like in any legal claim, you need evidence and witnesses to make your case and convince the judge that your claims are true. For example, if the fault/ground for divorce is adultery, you may need witnesses to prove that the affair really took place.
You Have Considerable and Complicated Assets and Debts
You may not need the services of an expert witness if you have a few properties and straightforward debts. A good example is you don't have real estate, and your only major assets are your household items, family car, and money in the bank.
However, you may need an expert witness to help the court understand the value and nature of the complicated and extremely valuable property. For example, if you have a business that spans several states, a business valuator may come in handy in explaining to the court the worth of the business. Therefore, you need to be prepared for the possibility of hiring an expert witness if you are headed for divorce. Remember, these expert witnesses don't work for free, and their fees come out of your pockets. Talk to your divorce attorney about expert witnesses in advance to know what to expect during the divorce process.