Can the Inclusion of Expert Testimony Limit Admissible Evidence by Another Party in a Divorce Case?

This is a generalized question, and without full details, you may be able to limit the inclusion of evidence of the other party. It is not a guarantee because it would ultimately depend on the case, factors, and the breadth of the court's jurisdiction over the matter. It would also depend on how the court decides to exercise their discretion.

To give you an example, there is a similar case that comes to mind. In State ex rel. J.A.S. v. M.E.S. 142 Wis. 2d 300, 418 N.W.2d 32 (Ct. App. 1987)[1], a mother was attempting to prove paternity. The alleged father was prepared to introduce evidence that would call into question the validity of whether he was actually the father because the woman was sexually assaulted by another man during the 60 day conceptive period. The woman introduced expert testimony that narrowed the time frame down to two weeks, rendering the alleged father's evidence inadmissible because it fell outside the two week time frame.

What Happens When Evidence Is Disputable?

It is the duty of the trial court to make a factual determination[2] and resolve ambiguity when evidence permits more than one reasonable inference concerning the intent.



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