When Does an Illinois Divorce Require Expert Witnesses? 

 Posted on June 15, 2022 in Chicago divorce attorney

Thousands of people get divorced in Illinois every year and the vast majority of these divorces are resolved without pursuing traditional courtroom litigation. Because litigation is increasingly seen as unnecessarily combative, expensive, and time-consuming (to say nothing of its harmful effects on any minor children involved), judges order most divorcing couples to seek mediation to resolve their differences outside of court.

However, mediation, collaborative divorce, and other cooperative divorce efforts are not always safe or possible. For some couples, a judge’s supervision and expertise are necessary to ensure that spouses who are victims of domestic violence or financial abuse are treated safely and fairly throughout the divorce process. In situations like these, litigation can become very hostile and contested. When spouses disagree about issues of fact, expert witnesses may be necessary to argue the case of one or both spouses.

Why Would an Expert Witness Be Necessary?

Divorces frequently involve contested personal matters that are often difficult to prove beyond the personal testimony each spouse offers. But when the contested matters involve questions of fact, expert witnesses can provide specific information and evidence to strengthen a spouse’s case before a judge. Usually, these matters involve children and finances.

For example, when parents disagree about which parent is best suited to care for the children, an expert witness may be presented to testify about the suitability or safety of a parent. If a parent struggles with a mental illness and fails to take his or her medication, a psychological expert may testify about the dangers of the mental illness if left untreated. Other times, a child psychologist may testify about the impact of a parent’s abuse or neglect on the child.

For financial matters, an expert witness could be a forensic accountant who specializes in asset tracing and who can testify about the history of a disputed asset or the illegal financial behavior of a spouse.

Judges will not always permit expert witnesses to testify, especially if it seems as though a spouse is trying to use a witness to harass the other spouse or prolong the divorce process. Without a judge’s approval, an expert witness’s testimony will not be entered into evidence.

Contact a Kendall County Divorce Litigation Lawyer

When you are facing a contentious divorce involving expert witnesses, you want the help of an experienced Oswego, IL divorce attorney who will vigorously protect your interests throughout your divorce. Call the The Law Office of Matthew M. Williams, P.C. to schedule a consultation and learn more about how we can help you build your case and secure a fair divorce decree. Contact us now at 630-409-8184.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3900000&SeqEnd=5400000

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6200000&SeqEnd=8675000