By Atty K. Bruggemann, Partner Gallet Dreyer & Berkey, LLP

Divorce litigation is often viewed as a battle between two individuals, but in reality, it functions more like a team sport. Much like a well-coached team preparing for a high-stakes game, a successful litigation strategy in divorce cases depends on coordinated teamwork among legal professionals and experts from various disciplines.

Divorce attorneys act as the team captains, leading the charge, while financial specialists, mental health experts, mediators, and attorneys from other legal disciplines provide essential support.

Given the high stakes—ranging from asset division, support issues and child custody disputes—divorce litigation requires a comprehensive strategy. The legal system is complex, and without a strong team, a party may be at risk of losing financial security, crucial assets or parental rights.

The Divorce Lawyer as Team Captain

In any litigated divorce case, the divorce attorney serves as the team captain, making strategic decisions, developing a litigation strategy, building a team and presenting a client’s narrative effectively and persuasively before the court.

A divorce litigator is focused on advocacy—ensuring their client receives a favorable outcome, and without a litigation strategy the plays in the courtroom can often fall short of reaching the end zone.

A skilled divorce attorney must be adept at:

• Legal research and case preparation – Understanding the law as it relates specifically to their client and their facts.  A divorce litigator must know the laws, precedents, and relevant statutes to craft persuasive arguments to tell the story that best suits their client.
• Drafting motions and legal documents – Despite the court room drama you see on TV, a divorce litigator must be adept at preparing persuasive legal documents.  Even the most mundane of pleadings need to be prepared thoughtfully and with the client’s end game in mind.  Just because we have all filled out a boiler plate pleading, does not mean they are always a one size fits all.
• Deposing witnesses and cross-examining experts – Challenging the opposition’s claims through strategic questioning.  Depositions in matrimonial cases are important fact-finding exercises that help any litigator prepare for trial. It is no wonder cross-examination is called an “art”.  Far too many of us wait until it is time for trial to create our direct and cross-examination outlines.  As the case is evolving, the outline for trial should evolve too.  
• Negotiating settlements – While litigation implies a courtroom battle, most cases settle before trial and we as litigators must begin planning our settlement strategy on day one.  Preparing for a negotiation is much the same as preparing for trial. We must know all the insides and outs of a case to artfully prepare to settle it. 

However, even the most experienced divorce attorneys do not work alone. Just as a head coach relies on assistant coaches and analysts, a divorce litigator depends on various experts to strengthen the case and provide credibility in court.

Financial Experts: The Offensive Line in Asset Battles

One of the most contentious aspects of divorce litigation is the division of marital assets. Financial disputes often require in-depth analysis and expert testimony, which is where forensic accountants, business valuation specialists, and tax experts come into play.

Forensic Accountants and Financial Investigators

In high-net-worth divorces or cases where one spouse controls the couple’s finances, forensic accountants play a crucial role. They:

• Identify hidden assets – If one spouse attempts to conceal income, properties, or offshore accounts, forensic accountants use financial tracing methods to uncover undisclosed wealth.
• Analyze financial records – Reviewing tax returns, bank statements, and investment portfolios to ensure an equitable distribution of assets.
• Calculate spousal and child support obligations – Providing expert reports that assess income streams, lifestyle analysis and financial needs.
• Help to identify and work through any corporate disputes that may arise

Business Valuation Experts

If a divorcing couple owns a business, determining its value is essential. Business valuation experts assess, for example:

• Company earnings and future revenue projections
• Ownership stakes and equity distribution
• Can help a client understand the impact of divorce on business operations, financials and plans for the future of the business

Their expert reports are often presented in court to justify asset division dispositions.

Tax Attorneys

Tax implications and consequences in divorce settlements are often overlooked but can have long-term effects. Tax attorneys help divorce litigators navigate:

• Tax deductions and liabilities for spousal support
• 401(k) and retirement account distributions
• Future tax implications on assets 
• How to handle prior tax issues and debts

By proactively addressing tax concerns, the legal team can structure settlements that maximize financial benefits for their client.

Mental Health Experts: The Defensive Players in Custody Disputes

Child custody litigation is one of the most emotionally charged aspects of divorce. When there are significant issues between the parents and allegations of mental health issues, substance abuse or otherwise, the court, in its discretion, can choose to seek the assistance of mental health experts to evaluate the situation in order to assist in the determination of the best interest of the children.

Custody Evaluators and Child Psychologists

Judges prioritize the best interests of the child, but determining what that means in a contentious divorce requires expert input. Custody evaluators and psychologists:

• Assess parental fitness – Conducting psychological evaluations to determine each parent’s ability to provide a stable home environment.
• Interview children and observe family dynamics – Providing testimony on the child’s emotional well-being and attachment to each parent.
• Assistance with parenting plans – Suggesting custody schedules that promote the child’s development and secure their best interests.

Expert testimony on custody issues can influence custody decisions where a neutral forensic evaluator is appointed by the court. In some instances, parties will hire their own experts to help guide them through the process or to submit a rebuttal peer review to counter the neutral expert’s testimony.

Therapists and Mental Health Providers: 

Mental health support during high conflict cases is essential to assist the client in taking care of their well-being during this very emotional time in their lives. Divorce attorneys and their relationships with outside mental health professionals can prove essential to their client’s well-being during a divorce.

Just as any professional sports team relies heavily on their athletic trainers to ensure their athletes are in their best shape, divorce attorneys rely on mental health providers to make sure their clients’ mental health is a priority. This relationship can provide important information to a divorce attorney in knowing their client.

Mediators and Settlement Experts: The Playmakers

While litigation implies a courtroom battle, many divorce cases are settled before reaching trial. Settlement experts, including mediators and arbitrators, act as the playmakers—facilitating agreements and preventing costly legal battles.

The Role of Mediation in Litigation

Courts often encourage mediation to reduce the burden on the legal system and promote amicable resolutions. Mediators:

• Help both parties reach compromises on asset division, custody, and support
• Reduce the time and cost of litigation

While mediators do not make binding decisions, their input can lead to enforceable agreements, eliminating the need for prolonged court battles.

Attorneys from Other Disciplines: The Special Teams Unit

Complex divorce litigation often intersects with other areas of law, requiring collaboration with attorneys who specialize in related fields.

Real Estate Attorneys

If the couple owns multiple properties, real estate attorneys assist in:

• Determining property ownership rights
• Handling mortgage and title transfers
• Negotiating buyouts or sales of the marital home

Estate Planning Attorneys

Divorce often necessitates changes to wills, trusts, and power of attorney designations. Estate planning attorneys ensure:

• Beneficiary designations are updated
• Trusts are restructured to reflect new financial circumstances
• Estate disputes do not arise due to conflicting divorce settlements

Criminal Defense Attorneys in High-Conflict Cases

In cases involving domestic violence allegations or protective orders, criminal defense attorneys may be required to:

• Defend against or pursue restraining orders
• Advocate for parental rights if abuse allegations impact custody
• Navigate legal consequences of criminal charges related to the divorce

These specialized legal professionals ensure that all aspects of the case are handled with the expertise needed to protect their client’s rights.

Conclusion

As divorce litigation touches so many of the different legal disciplines, no single professional can handle every aspect of a complex divorce case alone. A strong divorce litigation strategy requires a coordinated effort between divorce attorneys, experts and attorneys of other disciplines and the outcome of a divorce case is often determined by the strength of that team

By assembling a group that includes financial analysts, mental health professionals, mediators, and specialized attorneys, litigants are prepared to navigate the complexities of divorce with confidence.