Many divorces proceed from their initial filing through to the issue of a final decree without involving anyone except the divorcing spouses, their legal counsel if either chooses to work with an attorney, and the judge in the South Carolina Family Court overseeing the case. Others may also involve the couple’s children, while cases based on allegations of infidelity may involve testimony from the person or persons with whom one spouse is accused of committing adultery. When the matters to be determined are especially complex, or when a judge’s findings of fact may need to be made with the benefit of specialized knowledge of matters outside jurisprudence, it may be time to involve divorce experts. Recognizing when a situation calls for divorce experts can be difficult. A member of the experienced family law and divorce team at King Law Offices may be able to help you evaluate your options during a personalized consultation. We maintain locations throughout South Carolina, so call (888) 784-KING to find an attorney near you today.
Who Are the Divorce Experts?
Sweeping generalizations are almost always susceptible to debunking by way of the occasional exception. Divorce attorneys who have been practicing in the area of family law long enough to weather a few surprises will usually try to avoid making broad claims that attempt to delimit the range of experts whose insights may be helpful in divorce cases. That said – and always acknowledging that every situation is unique, and deserves to be evaluated on its own merits – there are two main categories of professionals whose input probably accounts for the majority of circumstances in which a South Carolina family law attorney is likely to recommend involving divorce experts:
- Experts in the interpersonal and psychological issues that can lead to, arise during or intersect with, a divorce
- Experts in various subject areas that may have some bearing on a particular divorce case
The first category of divorce experts includes therapists, counselors, and perhaps mediators; often the private guardians ad litem sometimes appointed to explore the best interests of the child in a divorce complicated by a custody dispute may also fit within this category. The second set of divorce experts may encompass individuals from a wide array of fields and professional backgrounds. Forensic accountants and physicians are two types of experts called upon relatively often in divorce cases.
When Should You Involve an Expert?
Recognizing when the advice and support of divorce experts may be needed can involve a number of distinct considerations. An experienced family law attorney with King Law Offices may be able to help you determine what makes sense in your particular case, but unsurprisingly the factors that may assist in making the determination differ depending on the type of expert under consideration.
Interpersonal and Psychological Divorce Experts
According to the South Carolina Judicial Branch, couples seeking a divorce in the state are typically required to attend divorce mediation for at least three hours or until they reach a settlement, whichever comes soonest, so the decision to speak with a “divorce expert” who is also an experienced mediator may to some extent be taken out of the couple’s hands. However, couples who dread a court-supervised process, or who wish to be sure that they have an agreement ready to submit to the court even before they file their divorce complaint, may wish to find and work with a mediator independently, soon after they have made the decision to seek a legal end to their marriage. Even if a couple has already been through mediation and the process has failed to yield an outcome agreeable to both parties, the judge in a South Carolina Family Court may still recommend returning to mediation later in the process if it appears that the couple is within reach of a workable solution to some or all of the important “sticking points” in their divorce. As the South Carolina Bar Association notes, reaching a settlement through mediation is often faster and cheaper than arriving at a similar arrangement via a protracted court schedule with multiple hearings, so if you choose to work with an attorney as you make your way through the divorce, he or she may also suggest a return to mediation, and for much the same reasons.
Besides mediators, there are of course a variety of other “divorce experts” whose services can be helpful in pursuing conflict resolution strategies or in coping with the stress that many people experience as they move through a divorce. Therapists, counselors, and other professionals whose expertise lies in supporting flawed and frustrated humans as they struggle to navigate the many complexities that come with a divorce may be consulted whenever you feel they may be helpful, or whenever another trusted party with relevant expertise suggests it might be a good idea.
Investigative and Interpretive Experts
Sometimes instead of (or in addition to) recommending family counseling or another round of mediation, an experienced South Carolina divorce attorney may suggest bringing in a subject matter expert. There is no true inherent limit on the range of subjects that could become relevant during the course of a divorce, but there are a few predictable areas that make very frequent appearances in divorce matters. One of the most common of these subject areas is accounting, and divorce attorneys frequently reach out to forensic accountants when there is reason to suspect that one spouse may be attempting to conceal assets in order to thwart the equitable distribution of marital property that, as the South Carolina Bar Association notes, is in accordance with the state’s divorce laws. While the services of a forensic accountant can often be expensive, in high net worth divorces that may involve hidden assets the expertise these professionals can bring to bear can often have a substantial impact on the outcome of a case, relating not just to the division of assets but to the court’s determinations regarding such questions as alimony or “separate maintenance” for either spouse.
Because spouses in South Carolina can only seek a “no-fault” divorce under specific circumstances – and only after a significant delay – many divorce complaints filed in this state allege one party’s fault as the “grounds” on which the plaintiff seeks divorce from the defendant. The services of a variety of divorce experts may be helpful in proving the alleged fault in order to secure the award of divorce, and in some cases, these experts may be asked to give sworn testimony during court hearings or pre-trial depositions in order to not only establish the facts but provide the support of their specialized knowledge in interpreting those facts, as expert witnesses pursuant to Rule 702 of the South Carolina Rules of Evidence.
Consult an Experienced Family Law Attorney To Learn More
If you are approaching a divorce in South Carolina, or if you are already involved in a divorce and fear that you may be swimming in waters “over your head,” you may benefit from the services of professionals who have expertise in the matters central to your divorce. Consider beginning with a family law attorney in your area, and call (888) 784-KING to schedule a consultation with a member of the King Law Offices divorce team to go over the particulars of your situation and discuss whether involving divorce experts may be an appropriate next step for your case.