Michigan divorce experts – When do you need expert testimony? Not every divorce case requires expert testimony. However some do. In Michigan divorce cases there are three types of experts employed more than any other, a real estate expert, a valuation expert and a custody evaluator expert.
The real estate expert is typically a certified appraiser, who values the marital home or other property.
The valuation expert is typically an accountant with additional training. These experts are utilized to value a business, determine cash flow available for support, examine claims of fraud or help resolve tax issues pertaining to a divorce.
The custody evaluator expert is typically PhD’s who specializes in assisting the court in a contested child custody determination. If interested, you can view a webinar child custody evaluations by clicking the following link: https://www.thedivorceguy.com/a-child-custody-evaluation-are-you-ready-to-take-the-test/
All experts are governed by the Michigan Rules of Evidence 702. This rule of evidence provides the standard by which a court can use expert testimony.
Specifically, if the court determines that scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise if:
(1) The testimony is based on sufficient facts or data;
(2) The testimony is the product of reliable principles and methods, and
(3) The witness has applied the principles and methods reliably to the facts of the case.
In some circumstances, the parties agree to employ a neutral expert by agreement. In other circumstances, choosing the right expert can make the difference between winning and losing.
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By: Daniel Findling
The Divorce Guy, Michigan Divorce Attorneys and Specialists