Basically, any question in a Florida divorce which needs to be resolved by expert knowledge requires the testimony of an expert in the field. The most common example would be the valuation of real property. If the parties in a divorce, particularly a contested divorce, cannot agree as to the value of the property, then an expert would be needed. In this case, the expert would be a real estate appraiser.

Other issues or question would include the value of a business, an antique, or commercial property. Similarly, questions concerning the mental condition of either you or your spouse, or perhaps even the children, could require a mental health professional to resolve them. In some cases where one party is requesting for the other to pay his or her attorney's fees, expert testimony as to those fees could be required, in which case another attorney would be required to testify as to the amount of the fees given the scope and complexity of the case.

In a contested divorce each party would be entitled to have his or her own expert. Sometimes, the parties can agree to use the same expert. Since experts usually charge by the hour, and can be quite costly depending on the scope of their work, it is a good idea for the parties to agree if at all possible.

In cases where the parties have accumulated extensive marital property or interest in pre-marital property, whether real estate, businesses, etc., the parties can still decide to proceed in an uncontested divorce. They can agree to use the same experts to value the properties and use those values to divide the properties between themselves or with the assistance of a mediator. However, in this instance, using the marital settlement agreement provided in Florida divorce forms for an uncontested divorce would not be a great idea since the forms do not lend themselves to the flexibility that would probably be required to properly reflect the parties' agreement as to distribution of property and debt.

© 2007 Vivian Rodriguez

About the Author

Vivian Rodriguez has been a practicing attorney in Florida since 1988, and is a Florida Supreme Court certified family mediator. http://www.viviancrodriguez.com Or for professional preparation of our uncontested Florida divorce Forms visit http://www.myezfloridadivorce.com Tel 305-760-4557