Is A Vocational Expert Needed In Your Divorce?

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One of the misconceptions about divorce is that all you need on your side is a good attorney. It is true that having the right attorney by your side is vital, but there is a possibility that bringing other professionals onto your team could be helpful. For instance, a vocational expert could be instrumental in helping you get spousal support. If you are unsure if a vocational expert would be right for you, here is what you need to know about adding this expert to your team with your lawyer.

What Does a Vocational Expert Do?

In the past, a financial advisor, attorney, and therapist were the professionals that most people relied on in divorces. However, more people are finding a need for a vocational expert on their teams. A vocational expert brings experience about the current job market to the team.

In a divorce involving spousal support, the expert's input could be crucial. The expert can provide an evaluation of you and your spouse's skills and how they would and would not be useful in the current job market. In addition to skills, the evaluation will include a consideration of your education, experience, and interests.

The judge in your case will use the evaluation report provided by the vocational expert to understand you and your spouse's earning capacity. The earning capacity will be used to determine spousal support.

Do You Need One?

Not every divorce needs a vocational expert. There are some scenarios in which an expert should be considered though. For instance, if your spouse is deliberately working a position that is less than his or her earning capacity, you could use the evaluation to make your case.

The judge could order your spouse to find a job that is more in line with his or her qualifications and earning abilities. His or her spousal support payments would be set based on the capacity set by the vocational expert.

You should also consider hiring a vocational expert to help prove you need financial assistance from your spouse. If he or she is arguing you have the qualifications and education to support yourself, the expert's evaluation could show that this is not possible by attesting to your earning capacity.

You also need a vocational expert if your spouse is using one. There is a possibility that your spouse's expert might offer an evaluation that is more favorable to your spouse's views. Your expert could potentially offer a counter view that helps your case.

Talk to your family law firm attorney to learn more about whether your team needs a vocational expert. 

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30 October 2017

planning for the struggles of kids and divorce

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