Legal costs are expensive – there is no way around that fact. The language in the California Family Code attempts to guarantee that everyone has access to legal representation throughout his or her separation. An indigent party could apply for pro-bono or reduced-fee legal services, and for a waiver of court fees. Needs-based legal assistance is tough to qualify for, leaving numerous individuals in a financial bind when paying for legal services. Therefore, under proper situations, the court will order one party to pay for the charges of the other.
Under Family Code Section 2030 whether you are entitled to attorney’s fees for your divorce is based on two primary factors. First, the court looks to determine whether there is a great disparity in available financial resources between the two parties. Second, the court determines whether one party is able to afford to pay fees for both parties. If these conditions are met, the court may order an award for attorney’s fees and costs.
Under Family Code Section 270 and 271, courts may also award attorney’s fees or costs as a “sanction” against a party for bad behavior. In these cases, courts may only impose fees and costs on a party that the party can afford it. With sanctions, the party requesting attorney’s fees does not have to demonstrate financial need, and the payment will come out of the sanctioned party’s assets or his or her share of community property.
If you think you get an Attorney Fees award, you should call a qualified San Francisco Divorce or Family Lawyer instantly.
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