What the Law Says About Experts and Attorneys in a Divorce Case

Many cases require qualified experts to give opinions addressing any relevant issue in a divorce action. Experts are routinely engaged and render opinions as to custody, visitation, employability, disability, valuation of real estate, business interests, retirement benefits, pensions, etc.

The parties are free to engage their own expert or to retain a jointly appointed expert. The Court has the inherent authority to appoint experts when it concludes that the disposition of an issue will be assisted by expert opinion. The Court also may order who is to pay for the expert’s fees and can establish the scope of the expert’s assignment. If an expert is appointed by the Court, neither party shall be bound by the report of the expert. The expert may conduct an investigation independently to obtain information reasonable and necessary to complete his or her report from any source and may contact directly any party from whom information is sought.

As in all civil legal action, experts’ reports and opinions are discoverable. Discovery (the collection of evidence) may be made through Interrogatories and/or Deposition (giving sworn evidence). 

Attorney’s Fees

Attorneys’ fees are allowable at all stages of divorce litigation. The Court is permitted to order a retainer for legal services when the respective financial circumstances make the award reasonable and just. The Court must review the financial ability of each party to conduct the legal action.

Pendente lite (an order that is awaiting the lawsuit) or final awards of counsel fees may similarly be ordered by the Court. The New Jersey Statutes Annotated requires that payment of counsel fees be made at the time of decisions and requires that the Court consider the factors in the Court Rule on counsel fees, the financial circumstances of the parties, and the good or bad faith of either party. An affidavit or certification of services is required in all requests for pendente lite and final awards of counsel fees. The Court Rule is very specific and requires a recitation of all factors pertinent to the evaluation of the services rendered, the amount of the allowance applied for, and an itemization of payments. The New Jersey Statutes Annotated permits the Court to direct one party to pay the retainer on behalf of the other party for expert or legal services when the financial circumstances require.

For a free consultation with our NJ law firm and to find an NJ divorce & family lawyer, click here.