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What is a 730 Evaluation in a Carlsbad Divorce?

On Behalf of | Apr 9, 2021 | Divorce

What is a 730 evaluation in a Carlsbad divorce and how might it impact your divorce case?  A 730 evaluation is based upon the rules in California Family Law which governs the facts, information or data upon which an expert bases their opinion.  Our Family Court draws upon a 730 evaluation whenever a divorce or family law issue is complex enough to require an expert’s opinion.

Expert opinions can be called upon for a multitude of purposes under California family law, but the most common usually relate to :

A 730 evaluation may be ordered by the Court at any time during the course of a divorce or it may be based upon a “stipulation” or agreement of the former spouses.  The Judge in your case has the full authority to order a 730 evaluation even if one or both of the parties objects.

Who pays for a 730 evaluation in a Carlsbad divorce?  The short answer is one or both of the parties.  The Judge may order either of the parties to pay for the expert or split the cost between the parties.  The Judge may consider reallocating the fees based upon the findings of the expert and the impact of their testimony on the case.

The expert employed by the Court often interviews both of the parties.  However, if the Court has ordered an expert evaluation the expert is usually required to communicate with the lawyers in the case as a group.  This means the Court appointed expert may meet with the parties separately, but must communicate jointly when it comes to the lawyers representing either side in the case.

Once the expert has completed their work they generate a report containing relevant information, data and facts as well as their expert opinion on the meaning of this information.  The report is provided to the Court and a copy will be provided to the legal team of each party to the case unless one or both of the parties is not represented by counsel.

The findings of the expert in a 730 evaluation can be challenged by either or both parties.  It is not uncommon for one of the parties to hire their own expert to challenge the findings of the 730 evaluation.

Protect your own interests and contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.