Expert Witness Testimony in Divorce Actions

Expert Witness Qualifications

The Texas Rules of Evidence stipulate the criteria for determining who can provide expert testimony and the nature of the opinions they can express. Specifically, the Rules specify that only individuals with qualifications derived from their expertise, education, training, experience, or knowledge can offer expert testimony on specialized matters, provided it assists the judge or jury in resolving a factual dispute or comprehending the evidence presented. Additionally, expert testimony must be reliable and relevant. Therefore, a litigant can contest the validity of an expert witness's testimony either by asserting that the person does not meet the necessary qualifications or that their viewpoint is flawed or inapplicable.

Forensic Accountants and Property Appraisers

During Texas divorce proceedings, the parties frequently argue over who has the right to claim ownership of a particular asset. Although identifying the status of a property can be a simple matter in certain cases, it can be challenging in others. For instance, it may be hard to determine whether an asset that was once one spouse's separate property has become a community asset or if the parties have blended their separate and community properties. In such situations, the parties may need to enlist the help of forensic accountants to track the property's origins and calculate each party's stake in it.

When the parties possess a business or residential property, it could be best to present expert testimony. Typically, one party would purchase the other's share in the business, but there may be disagreements about its value. Therefore, appraisers could be hired to provide testimony on the business's worth. Likewise, if there is a dispute over the fair market value of the marital home or other real estate, the parties may need to retain a property appraiser to testify on their behalf.

Vocational Experts

When a couple with a child is going through a divorce, either party may request child support, which is typically determined based on both parties' income and earning potential. However, if one party refuses to work or is underemployed, the courts may use an imputed income rather than the actual income. Therefore, it may be necessary to hire a vocational expert to establish the other party's earning capacity, which could help in securing a more favorable ruling from the court.