Jul 24
7 minread
Family law cases in New Jersey can be complicated, especially with the involvement of expert witnesses. Learn how these specialists, from financial analysts to psychological experts, impact divorce and custody disputes, ensuring a fair and informed legal process.
Navigating a family law case can feel like venturing through a maze. Whether you’re going through a divorce or working through a custody dispute, the complexities can often be overwhelming. In New Jersey, these cases take on an added layer of sophistication thanks to the involvement of expert witnesses.
But what exactly are expert witnesses, and what’s their role in family law cases? Learn how these experts can make a tangible difference in your case, from psychological evaluations to financial assessments, providing more security in the legal process.
What’s an Expert Witness?
Expert witnesses, with their specialized knowledge and experience in a particular field, are the epitome of expertise. They leverage this knowledge to advise the court on specific aspects of a divorce settlement or other family law matter, instilling confidence in their role.
New Jersey courts define the need and specifications for family law expert witnesses this way: If scientific, technical, or other specialized knowledge assists the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert byknowledge, skill, experience, training, or educationmay testify in the form of an opinion or otherwise.
Why Would I Need an Expert Witness for My Family Law Case?
One way to ensure that all aspects of your case are thoroughly examined and fairly presented is by involving expert witnesses. These professionals bring specialized knowledge and objective insights to the courtroom, helping to clarify intricate details and support your claims. Here are the types of expert witnesses most commonly used in family law cases:
Financial Expert: A financial expert understands and values the economic aspects of a divorce. These professionals analyze income, expenses, assets, and liabilities to provide a clear picture of a financial situation.
Financial experts compile information to ensure everyone involved in the case understands the financial situation, helping to achieve fair alimony, child support, and asset division. Their assessments are crucial for determining fair payments, ensuring all economic resources are accurately accounted for and equitably divided.
Medical Expert: Medical experts offer insights into the physical health of individuals involved in a family law case. They conduct medical evaluations and provide expert testimony on health-related issues.
A child’s health and well-being are at the center of custody disputes. Medical experts can provide evaluations that influence custody decisions, ensuring the child’s best interests are prioritized.
Small Business Expert: When one or both parties in a divorce own a business, valuing these assets can be complicated. Small business experts assess the value of business assets, revenue, and potential growth.
Their expertise ensures that business assets are reasonably considered in the property division, preventing one party from receiving an unfair share.
Psychological Expert: Psychological experts evaluate the mental health of individuals involved in family law cases. They provide psychological assessments and expert testimony on mental health issues.
In custody and visitation disputes, a parent’s mental health can significantly impact the outcome. Psychological experts help determine the child’s best interests by providing insights into each parent’s mental stability and parenting capabilities.
Real-Estate Expert: Real-estate experts specialize in appraising property values, including homes, land, and other assets involved in a divorce. Their accurate appraisals ensure fair and equitable asset division and property settlements, aiding in a just distribution of assets.
Why Are Expert Witnesses So Important?
Expert witnessesare impartial professionals with extensive knowledge and experience in a particular subject. They offer valuable insights and analysis that may be beyond the court’s understanding. Their testimony can clarify complex issues, provide context to evidence, and educate the court on technical or specialized subjects.
Expert witnesses guide the jury through complex subjects, helping to establish accurate facts and make informed decisions. Their testimony is held to a high standard and plays an important role in the courtroom.
What’s the ‘Expert Witness Rule’ in New Jersey?
In New Jersey, expert witnesses play a key role in family law cases and other legal proceedings where specialized knowledge is needed to assist the trier of fact. The legal framework governing expert witnesses is outlined under the New Jersey Rules of Evidence, particularly N.J.R.E. 702.
This rule states that if scientific, technical, or other specialized knowledge will help the trier of fact understand the evidence or 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.
Additionally, Rule 703 in New Jersey specifies that the facts or data that an expert bases an opinion on may be those perceived by or made known to the expert at or before the proceeding. This allows experts to base their testimony on information that’s reliable and relevant to the case at hand.
In family law cases, the credibility of an expert witness can also be scrutinized under Rule 608, which deals with evidence related to a witness’s character for truthfulness or untruthfulness. Under this rule, the judge is responsible for evaluating the credibility of the expert witness. Specifically, a witness’s credibility may be challenged by evidence showing their character for truthfulness, but such evidence is generally admissible only after the witness’s character has been attacked.
Are There Restrictions Placed on Expert Witnesses?
Rule 401 of the New Jersey Rules of Evidence defines “relevant evidence” as evidence that tends to make a fact more or less probable than it would be without the evidence. An expert witness will be able to know if their testimony will add value to those deciding the case. However, relevant evidence may be excluded under N.J.R.E. 403 if the risk of prejudice, confusion, or waste of time substantially outweighs its probative value.
In other words, relevant evidence is simply any information that helps to prove whether something did or didn’t happen. For example, if your neighbor says they saw you walk your dog at a certain time, that information helps show what you were doing at that time. Expert witnesses, like doctors or specialists, use their knowledge to help explain things clearly to the court. But, sometimes, even if the evidence is important, it might not be used in court if it confuses people, unfairly makes someone look bad, or takes too long to explain. This is to make sure the court stays fair and focused.
An experienced family law attorney will know that NJ Rule 808 is important and will point you to expert witnesses who know how to present their statements. Rule 808 states that an expert opinion included in an admissible hearsay statement can be excluded unless the declarant has been produced as a witness or unless the court finds that the circ*mstances involved in rendering the opinion establish its trustworthiness.
In simpler terms, it concerns situations where expert testimony is included in statements allowed in court despite being hearsay (statements made outside of court).
What’s a Legal Challenge for an Expert Witness?
Understanding how expert witnesses can be legally challenged is crucial. Two primary methods are available to contest an expert’s testimony in court.
Daubert Motion
Your opposing counsel might file a Daubert motion to challenge the admissibility of expert testimony. This motion argues that the expert’s methods or data don’t meet the standard criteria for reliability and relevance.
Common reasons for a Daubert motion include:
- The expert didn’t use methods commonly accepted by other professionals in the same field.
- The data used by the expert is biased or untested.
- The expert’s assumptions are unsupported.
- Material facts weren’t considered when forming the expert opinion.
Net Opinion Rule
Another avenue for challenging expert testimony is the Net Opinion Rule. This rule states that expert opinions must have a rational basis and clearly explain the reasoning behind their conclusions. It applies to all expert witnesses, from medical to financial experts. The rule ensures that expert testimony is grounded in sound reasoning and methodology, preventing juries from being swayed by unreliable or speculative evidence.
Understand the Strategy Behind Using an Expert Witness in Your Family Law Case
Working with an experienced, reputable family law attorney will ensure you have access to top expert witnesses and a strategy created specifically for your case. There are many reasons to use an expert witness. There are also many ways that expert testimony can be made inadmissible.
You want to avoid paying for an expert’s time only to have that struck down and made useless in your case. A family law attorney will have worked with many expert witnesses and know who’s best for your case and who can make a compelling testimony.
Contact the Experienced Family Law Attorneys at Smedley Law Group, P.C. in Woodbury, NJ Today
If you’re facing a divorce, you’ll also most likely be dealing with another matter like child custody, child support, or division of assets, so you’ll need to speak with a qualified attorney. The New Jersey family law attorneys at Smedley Law Group, P.C. represent clients throughout the state, including West Deptford, Woodbury Heights, Runnemede, and Westville.
We understand how challenging this time can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process. Call us at (856) 251-0800 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at 750 Cooper Street, Woodbury, NJ 08096.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
