Interviewing divorce attorneys can be an arduous task. You’re already trying to deal with the myriad of emotions that come with divorce and you’re worried about the financial implications of your choice. If there are children involved, no doubt you’re main priority is to complete the divorce process as smoothly as possible to minimize the disruption to their lives.

Minimizing the stress of the divorce process for all parties involved can be achieved through hiring the right divorce attorney. Firstly, it is important to conduct interviews with three to six divorce attorneys in your area. While there are dozens of questions that you can ask during an interview, they all seem to lead to the same two things – money and experience. It is vital that you ask the following to important questions when interviewing prospective divorce attorneys.

An Initial Question To Start

Yes, there are two main questions you should ask, but before you even choose which divorce attorneys to interview, find out whether they charge for initial interview appointments. In smaller states, you can find divorce attorneys that don’t charge for the first appointment. However, if you live in bigger cities, such as Chicago, divorce attorneys will normally charge a small fee to meet with you for an interview. Be skeptical of attorneys charging the full amount of a divorce for a simple consultation.

#1 Question For Prospective Divorce Attorneys

The first question revolves around money. Divorce can be expensive. It’s not just the division of assets, it’s the cost in working out child support, extras like private detectives or psychologists, and of course the attorney fees. Therefore, the number one priority in your interview process is to find out how much your divorce will cost.

Most divorce lawyers will be reluctant to give you a total cost of the divorce. However, they should be able to ask you a series of questions to deduce a rough estimate of your divorce costs. They should take into account whether your divorce is amicable, whether you have children, and the grounds for divorce (unless you live in a no fault state like California).

As part of this, you should discuss their fee structure. Do they charge by the day, hour, or minute? Does the cost increase if you go to court? Will they charge for advice on peripherals such as tax implications? What are the standard disbursements? Finding a lawyer who does not charge you every time you make a simple phone call will significantly reduce your stress levels, and the overall cost of their time.

#2 Question For Prospective Divorce Attorneys

The second most important question after money is your attorney’s experience. First, determine whether they specialize in divorce law, or simply offer it as part of a number of areas of law. It is better to choose an attorney that is a specialist in divorce law. Additionally, if there are children caught up in the divorce, you should investigate whether your divorce attorneys are qualified in Family Law.

To get a good gauge of their divorce experience, ask them how many divorce cases they have handled that are similar to yours. Look for an honest answer that contains specific details and examples. This way, you can feel comfortable that you will receive the best advice possible on your entitlements.

While divorce law does vary from state to state, asking these two important questions will help you assess which of your divorce attorneys in Chicago, Boston, California, or any other state could be right for you.

In California, a 730 evaluation can be described as an in-depth study and analysis of a family, their children, and the relationships within the family in the context of a child custody and/or visitation dispute. A 730 evaluation is also known as a child custody evaluation or child custody investigation. 730 evaluations are specific to California in that the number “730” refers to the California Evidence Code Section 730 under which it is ordered.

In legal terms, California Evidence Code Section §730 states:

“When it appears to the court, at any time before or during the trial of an action, that expert evidence is or may be required by the court or by any party to the action, the court on its own motion or on motion of any party may appoint one or more experts to investigate, to render a report as may be ordered by the court, and to testify as an expert at the trial of the action relative to the fact or matter as to which the expert evidence is or may be required. The court may fix the compensation for these services, if any, rendered by any person appointed under this section, in addition to any service as a witness, at the amount as seems reasonable to the court. Nothing in this section shall be construed to permit a person to perform any act for which a license is required unless the person holds the appropriate license to lawfully perform that act.”

A 730 evaluation is typically conducted by a “child custody evaluator,” also known as a 730 evaluator or custody evaluator. The 730 evaluator will play the role of the investigator and look closely at the family dynamics so he/she can provide the court with a 730 evaluation report as evidence to help the court find the best possible arrangement that reflects the overall best interest of the child. The 730 evaluation report may be oral or written and the 730 evaluator may be called to testify or cross-examined at trial.

A 730 evaluation is generally ordered for a specific purpose and usually within high-conflict or complicated child custody cases where expert evidence is required. Before agreeing to a 730 evaluation you will want to discuss your particular case with a family law attorney in your area to help you learn whether or not a 730 evaluation is the right approach for you.

© 2007 Child Custody Coach

Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. “How to Win Child Custody – Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!” is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.

What are the grounds for divorce in Illinois?

Prior to 1984, Illinois divorce law required residents to show “fault” (such as adultery or cruelty) as a basis for proving marriage breakdown. The Illinois Marriage and Dissolution of Marriage Act now allows couples to file for divorce using “no-fault” grounds: under current Illinois divorce law, marriage breakdown is now indicated and divorce can occur if the husband and wife have been separated for as little as six months (if both parties agree) or for two years (if there is no agreement). In this state, divorce is officially called a “dissolution of marriage” — a term used by the courts and all legal papers. Instead of o-fault, you may use one of the following grounds in order to obtain a divorce:

1) That your spouse:

• was at the time of your marriage and continues to be impotent; • had a living wife or husband at the time of your marriage; • committed adultery during your marriage; • willfully deserted you for at least one year; • has been guilty of habitual drunkenness or drug abuse for two years; • has physically or mentally abused you, or tried to kill you; • has been convicted of a felony; • has infected you with a sexually transmitted disease

2) In a no-fault case in Illinois divorce law, you must show that you and your spouse have lived separately and apart:

• and irreconcilable differences have caused the irretrievable breakdown of your marriage; • or reconciliation has failed or would be impracticable.

Of these “fault” (section one) and “no fault” (section two) options, the separation period is the most straightforward and easiest to prove. It’s possible to deem yourselves as “living separate and apart” while within the same dwelling, although this is more difficult to prove. You must be living entirely independent lives — each doing your own cooking, laundry, and home maintenance for example — and of course not sharing the same bed, according to Illinois divorce law.

Annulment

In Illinois divorce law, the court declares the marriage contract broken; in an annulment, the court says that there never was a marriage. Annulment (known as “Declaration of Invalidity of Marriage” in Illinois) is more difficult to prove — and much rarer — than divorce. To go this route, you will need to speak to an Illinois divorce attorney. If you want an annulment for religious reasons, consult with your priest, minister, or rabbi as well.

Documentation

You’ll need to provide your divorce lawyer with the following documentation in order to proceed with your dissolution, according to Illinois divorce law. Start gathering everything together as soon as possible so that you can find out what might be missing and submit any requests for duplicates.

Personal Data

• Full addresses and phone numbers of both parties. • Full names, birth dates, and addresses of all children of the marriage, their school and grade. • Information about any prior marriage of either spouse, including a certified copy of the divorce decree. • A copy of any domestic contracts (e.g. a prenuptial agreement). • Information about any previous legal proceedings in Illinois divorce law between the spouses or involving any of the children. • Dates and particulars about any previous separations, attempts at reconciliation, or marriage counseling.

Financial Data

• Your previous year’s income tax return (two prior years’ returns, if available), and any related data from the IRS. • Information about your current income (e.g. a current pay slip). • A list of substantial assets and liabilities of both spouses. • Loan applications, broker’s statements, stock certificates, insurance. • Most recent statement of all accounts and credit cards.