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The American Bar Association states that the use of expert witnesses can be “vital.” These experts can help resolve key factual disputes while shedding light on all kinds of complex subjects. Complexity and factual disputes are common in high-conflict divorce cases, and expert witnesses may be particularly helpful in these situations. However, the specific role of these experts depends on the unique circumstances of each divorce. A consultation with an experienced divorce lawyer in Colorado may allow spouses to assess the disputed facts of their cases in more detail. With a greater understanding of the subject matter at hand, spouses may feel more confident about selecting and using expert witnesses. To begin this process, consider calling The Colorado Divorce Law Group at (720) 593-6442.

What Are the Rules for Expert Witnesses in Colorado?

Like all States, Colorado has specific rules for expert witnesses. These rules fall under Colorado Evidence Rule 702, which states that expert witnesses may testify to resolve factual disputes over scientific, technical, or specialized knowledge. Expert witnesses may also testify to help the court understand certain evidence. If a spouse chooses to call upon an expert witness during a divorce case in Colorado, they must notify the other party and the court approximately two months before the trial begins. All expert witnesses are subject to “rebuttal” in divorce cases. In other words, a spouse might call upon their own expert witness to counter the testimony of another expert.

Expert witness testimony must be relevant to the divorce in some way. In addition, this testimony must focus on the facts of the case rather than speculation. The expert must also be sufficiently qualified. For example, a child psychologist testifying in a divorce case might have a PhD in Clinical Psychology from the University of Denver. Expert witnesses may testify on things they have personally witnessed or observed (such as a psychological evaluation of a spouse). They might also use their knowledge to offer opinions on the facts presented during the trial. Finally, they can offer expert testimony on facts outside of the trial record in some cases. To learn more about the rules of evidence in Colorado, consider a consultation with The Colorado Divorce Law Group.

What Kind of Expert Witnesses Should I Use in My Divorce?

Spouses may call upon various expert witnesses depending on their unique goals and priorities. Expert witnesses may be able to help resolve factual disputes in all aspects of divorce, including alimony, property division, child custody, and child support.

What Do Financial Expert Witnesses Do During Divorce?

Many high-conflict divorces focus on financial matters. Spouses may disagree on alimony, child support, and property division – and these disputes may lead to litigation. To resolve this litigation, spouses may call upon various financial experts:

• Forensic Accountants: Concealed assets represent a common problem in many high-net-worth or high-conflict divorces. Forensic accountants may be able to trace concealed assets – including those hidden in crypto wallets or offshore accounts. After tracing these assets, forensic accountants may then testify about their discoveries in court.
• Real Estate Professionals: Financial disputes frequently arise over the family home, and real estate professionals may shed light on this issue with expert testimony. A real estate professional may offer their expert opinion as to the true market value of the property in question. They might also testify about any increases or decreases in property values, and whether either spouse caused these fluctuations.
• Tax Professionals: Tax professionals may testify about the tax implications of divorce, which are often highly complex. For example, one spouse might be reluctant to accept a buyout due to concerns about increased taxation. Tax professionals can help the court understand the potential tax implications associated with certain financial resolutions. They might also help the court understand tax-related evidence entered into the record, such as complex, corporate tax returns.

What Do Medical Expert Witnesses Do During Divorce?

Medical experts may testify on a range of different issues during divorce. These problems may involve child custody, spousal support, and more.

• Child Psychologists: A psychiatric professional may offer assessments regarding child custody. They may personally examine any children in the marriage and search for signs of abuse. They might also offer unbiased opinions on which custody plans suit the best interests of the child.
• Clinical Psychologists: A psychologist might also examine spouses during divorce litigation. A common request is to test a spouse for psychological symptoms consistent with domestic abuse or violence. The presence of post-traumatic stress disorder may help establish that these incidents have occurred during the marriage, and this could affect property division and child custody.
• Doctors: Physicians, specialists, and other doctors may offer expert opinions on the health of each spouse. The physical health of each spouse is one of the many factors Colorado family courts consider during the equitable distribution process. Poor physical health (especially permanent disabilities) could also affect child custody decisions.

What Do Employment Expert Witnesses Do During Divorce

Also known as “vocational experts,” employment professionals may offer expert testimony during divorce in Colorado. Like medical experts, they may testify on the subject of disabilities – but only in the context of employment. For example, one spouse may pursue more alimony because of a permanent knee injury that allegedly prevents them from working. A vocational expert may then testify that the spouse is still capable of carrying out their former work-related duties and that their earning capacity has not been affected by the injury.

In addition, employment experts could testify on non-medical subjects – including normal retirement ages and current job markets. In the modern era, these experts might testify on new developments that affect employment opportunities – including the rise of artificial intelligence or the outsourcing of local manufacturing jobs.

Contact The Colorado Divorce Law Group Today To Learn How an Expert Witness Could Potentially Help Your Case

Spouses do not need to be legal experts to benefit from expert witnesses. One of the key advantages of expert witnesses is their ability to speak confidently about subjects others know almost nothing about – and this saves all parties from confusing and time-consuming research. An experienced divorce lawyer in Colorado may be able to help spouses select and use expert witnesses with greater confidence. That being said, there are many different types of expert witnesses to consider – just as there are countless fields in science, finance, and medicine. To determine the most appropriate expert witness for their specific case, a spouse may need to move past online research and speak directly with a lawyer. Consider calling The Colorado Divorce Law Group at (720) 593-6442 to continue this discussion.