Experts are used in domestic cases for various reasons, including, but not limited to performing business valuations, forensic accountings, custodial evaluations, and mental evaluations. However, not every case requires an expert and not everyone claiming to be an “expert” is in fact an expert for court purposes.
Tennessee Rule of Evidence 702 states in pertinent part, “If scientific, technical or other specialized knowledge will substantially assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training or education may testify in the form of an opinion or otherwise.” Tenn. R. Evid. 702. It is important to note that an expert must be “qualified as an expert…” by the Court. Unfortunately, there are many individuals and companies that are marketing to clients as “divorce experts,” “divorce advocates,” and “divorce consultants.” These individuals are not qualified experts for purposes of court due to the fact that many of these individuals and companies do not have the scientific, technical or other specialized knowledge to qualify as an expert. In fact, some such “experts” do not even possess specialized degrees or other training to qualify as an expert other than that he or she may have gone through a divorce themselves.
Experts can be expensive. A qualified expert performing a business valuation will often cost thousands if not tens of thousands of dollars. However, if the business being valued is worth a significant amount, this expense is a small cost to pay to ensure that the business is properly valued, and the marital estate can be distributed equitably. A qualified expert can provide a report and testify in court regarding his/her opinion and help bolster a case. On the other hand, a litigant my hire a non-qualified “expert” and pay him or her thousands of dollars (in some instances over $100,000.00) only for the Court to deny certifying him or her as an expert leaving the litigant with a significant bill and nothing to show for it. Additionally, communications with a third party that is not qualified as an expert by the Court will not be protected and privileged and thus, emails and other documents prepared by and shared between the litigant and the expert can be fair game for the opposing party.
Not every case requires an expert. In fact, the majority of cases do not require an expert. Your attorney can provide guidance on whether an expert should be retained in your specific case as well as ensure that the expert retained is a qualified expert. Decisions regarding experts should be made with and through your attorney. If you find yourself contemplating divorce or you are in the midst of a divorce or other domestic matter, you should retain legal counsel to discuss the best options for your case.