Expert Testimony in Divorce Litigation: Discovery, Depositions, and Trial

Expert testimony is a crucial part of litigation, and divorce litigation is no exception. With Daubert almost universally adopted in state courts (including Florida's adoption in May 2019), divorce trial lawyers must master the nuances of using, attempting to introduce, and challenging expert testimony.

Divorce disputes involve many subjects supported by expert testimony. Financial and valuation experts are often essential not only to numbers desired upon at trial but also to provide each party a sense of the other's view of reality in mediation and settlement discussions. Behavioral and medical experts can address custody and other nonquantifiable issues.

The expert has a role in both discovery and trial. A strong deposition of the other side's expert lays the groundwork for a Daubert challenge and can position the client for a favorable pretrial resolution. This webinar will provide legal and factual preparation for deposition cross and trial cross-examination strategies.

Listen as our panel of courtroom veterans provides real world guidance regarding experts in divorce proceedings. The panel will discuss Daubert in the divorce context and provide practical advice concerning expert selection, deposition, and trial examination.

1. Subject matters for experts in divorce cases
   1. Quantifiable subjects (valuation, financial, etc.)
   2. Unquantifiable subjects (behavioral, medical, etc.)
2. Expert depostion
   1. Fact preparation
   2. Legal preparation
   3. Conduct of deposition
3. Daubert motion (before trial)
4. Trial examination of expert
   1. Direct
   2. Cross

The panel will review these and other essential matters:

• The appropriate subject matter of expert testimony
• Role of Daubert in the divorce context
• Deposition preparation and strategy
• Experts during trial