In divorce matters, the divorce lawyer establishes the strategy and executes the plan, but experts often play a critical role in the success of the case. Retaining the right expert is crucial. As with divorce lawyers, all experts are not created equal. An incompetent or unqualified expert can destroy a case.

Family law is far more complex than is generally understood. It is litigation, not unlike business litigation. The Evidence Code and the Code of Civil Procedure apply in divorce matters, as they do in other types of litigation. A divorce is, to a large degree, the division of partnership assets. The same fiduciary duties exist between parties before and after separation as exist in corporate and partnership relationships. If civil cases don’t settle, they proceed to trial. The same is true of divorce cases.

Divorcing parties can agree to divide assets, resolve issues, and settle their differences on almost any basis they choose. However, if they do not settle their conflicts, they may end up in a courtroom. Litigation may involve the testimony of experts. In a divorce, an expert is an individual who has special knowledge, skill, expertise, training, or education that make the expert’s opinions helpful to a divorce court on a contested issue. Experts are almost mandatory in certain situations. The qualifications and credibility of an expert can be critical in swaying the opinions of the divorce court. The early retention of an expert can significantly enhance the chances of a favorable settlement. The following experts may be used in family law matters.

Some issues are simply more complex or time consuming than others, and may extend the divorce process. For example, issues related to custody, domestic violence, or business valuation may extend the time required to complete a divorce. High net worth matters generally involve more assets and more issues, which can lengthen the case. Even with the more difficult issues, a divorce can be settled in a relatively timely manner, if the parties conduct themselves in a reasonable manner, retaining divorce lawyers who have the desire to solve problems, rather than create them.

The property portion of a divorce is the division of a partnership – a business transaction. The law dictates very specific and detailed procedures for this transaction which can take the form of a settlement or a trial. It’s incorrect to believe that dividing community property 50/50 means that the division will necessarily be simple and straightforward. Every case is different. Parties may disagree on the values of an asset, who is to be awarded the asset, whether the asset is community property or separate property, and whether there is a right to reimbursement relative to the asset. If the parties do not agree to a settlement, divorce litigation may occur. If litigation occurs, the court will follow the required procedures and the rules of evidence. The rules require the presentation of the facts in a specific format, which may consume considerable time and require detailed planning.

The vast majority of child custody matters are not litigated and never proceed to court as parties generally settle their cases.

This infographic illustrates an example of the procedural events that could occur in child custody litigation. Not all contested child custody matters follow this exact path. Even if a matter is litigated, it is probable that there will not be a Evidence Code Section 730/Family Code Section 3111 custody evaluation. Even when a Evidence Code Section 730/Family Code Section 3111 evaluation is completed, there is a high likelihood that depositions will not be taken and that the case will be settled.