What is an Expert Evaluation in a Louisville divorce, and how might it impact your divorce case? An Expert Evaluation is based upon rules in Kentucky Family Law that govern the facts, information, or data upon which an expert bases their opinion. Our Family Court draws upon an Expert Evaluation whenever a divorce or family law issue is complex enough to require an expert’s opinion.
Expert opinions can be called upon for a multitude of purposes under Kentucky family law, but the most common usually relate to :
- Child custody & visitation issues
- Forensic accounting and other issues associated with property division
- Valuation of a business or professional practice
- Issues associate with domestic violence or abuse
The Court may order an Expert Evaluation at any time during the process of your divorce, or it may be based upon a “stipulation” or agreement of the former spouses. The Judge in your case has the full authority to order an Expert Evaluation even if one or both of the parties object.
Who pays for an Expert Evaluation in a Louisville divorce? The short answer is that it is one or both of the parties. The Judge may order either party to pay for the expert or split the cost between the parties. The Judge may consider reallocating the fees based on the expert’s findings and the impact of their testimony on the case.
The expert employed by the Court often interviews both of the parties. However, if the Court has ordered an expert evaluation, the expert is usually required to communicate with the lawyers in the case as a group. This means the court-appointed expert may meet with the parties separately but must communicate jointly with the lawyers representing either side in the case.
Once the expert has completed their work, they generate a report containing relevant information, data, and facts, as well as their expert opinion on the meaning of this information. The report is provided to the Court, and a copy will be provided to the legal team of each party to the case unless counsel does not represent one or both of the parties.
The findings of the expert in an Expert Evaluation can be challenged by either or both parties. It is not uncommon for one of the parties to hire their own expert to challenge the findings of the Expert Evaluation.
We invite you to review the strong recommendations of our former clients and the legal industry and contact Dodd & Dodd or call 502-584-1108 to schedule an appointment with one of our attorneys.
