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Divorce, Custody and Expert Witnesses in RI and MA

Divorce, Custody and Expert Witnesses in RI and MAWhile divorce is never easy, the best possible outcome is that couples part amicably, each feeling that their settlement is fair and in the best interests of all parties involved.  While statistics pointing to the high rate of divorce may seem discouraging, many couples can and do remain good friends as well as cooperative and effective co-parents. 

One of the ways to achieve this kind of ideal outcome is with the use of expert witnesses in your divorce case.  An expert witness is someone with a high degree of expertise in a particular field.  Accountants, real estate appraisers, psychologists, doctors and social workers are among those that are most commonly used in divorce cases.  However, depending upon the issues involved, experts in other fields may be utilized as well. 

Choosing expert witnesses that are acceptable to both parties is the best way for you to insure that the witness is approved by the judge, and may even serve as the first positive step towards successful negotiations.  Expert witnesses in Massachusetts and Rhode Island must maintain high ethical standards.  They must present their truthful, objective opinions based on the factual information they are given.  If a judge has reason to believe that an opinion of an expert witness is biased, the  RI or MA court may appoint a neutral expert to be paid by both parties.   

Due to the increasing complexity of financial matters, you may require the services of experts such as accountants, appraisers and insurance actuaries to help determine the true value of your assets.  In addition to real property, assets can include businesses, as well as investments, retirement benefits, and future earning potential.  In the case of businesses, it’s necessary to estimate future earnings as well as costs.  An expert in your particular field can be very helpful in presenting a realistic and objective view of future earnings based on extensive research and knowledge of market price fluctuations.      

If you or your spouse has a health issue that can potentially affect future earning potential, it can be helpful to have a physician provide expert testimony regarding the physical limitations associated with the condition, as well as the cost of treatment.  Mental health professionals In Rhode island and Massachusetts can give expert testimony regarding whether or not a particular condition significantly affects someone’s ability to successfully meet their responsibilities.  Social workers in RI and MA are often used as expert witnesses to testify as fact laywitnesses regarding custody issues.  They can examine a living environment to determine the level of health and safety, point out any potential dangers, and suggest a plan of action to rectify them. 

In many cases, rather than testifying in court, the expert witness  in RI and Mass. creates a report, copies of which are given to both parties as well as the court.  These reports are often instrumental in helping couples come to an agreement without the need for further litigation.  The emotions surrounding divorce and separation can be overwhelming, making it difficult to think clearly and make sound decisions.  Sometimes, the opinion of an objective observer is all that’s necessary to restore your perspective   If you and your spouse are still unable to successfully negotiate a compromise, the judge may use the information in the report to reach a decision. 

If you’re thinking of utilizing an expert witness in Rhode Island or Massachsuetts , there are some important things to consider before hiring one.  First, their reputation should be unimpeachable, so it’s always a good idea to conduct background and reference checks. Second, if possible, you should both meet with the potential expert witness to discuss how the research will be done and what the costs will be. 

Reaching agreement on a single expert witness for a particular issue that you can both respect and trust can save you a lot of time and money. It can also help ensure that the RI or MA court will find the witness objective and unbiased.  While hiring expert witnesses can be expensive in the short term, their expertise can help you prevent potential future financial losses.  It can also help reduce the stress of divorce, making that best possible outcome much more likely. 

 

Here are some of the most influential and helpful lawblogs available for your reference:

Nursing Homes Abuse Blog – Attorney Jonathan Rosenfeld provides value added insight and information on various areas of nursing home abuse, neglect and related information.

Kokish & Goldmanis Bernie Greenberg’s Blog – Estate Planning and Elder Law

GGCSMB&R Law Firm – this blog is about automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.

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