In a divorce proceeding, it is possible to win an award of attorney fee's from the other party. One of these methods is through sanctions under California Family Code Section 271, but you can also obtain attorney fees where there is no sanction-worthy conduct, through California Family Code Section 2030.
In essence, if one party has more access to funds to retain counsel in a divorce proceeding, that party may be ordered to pay the attorney fees of the other party. This ensures that the spouse with the more financial power cannot bulldoze the other party into a result that is not in their best interest. These attorney fee awards are capped at what is a "reasonable" amount, which allows the court discretion to not award large attorney fee awards that are unwarranted. You can read the text of California Family Code Section 2030 below.
"(a)(1) In a proceeding for dissolution of marriage, nullity of marriage, or legal separation of the parties, and in any proceeding subsequent to entry of a related judgment, the court shall ensure that each party has access to legal representation, including access early in the proceedings, to preserve each party's rights by ordering, if necessary based on the income and needs assessments, one party, except a governmental entity, to pay to the other party, or to the other party's attorney, whatever amount is reasonably necessary for attorney's fees and for the cost of maintaining or defending the proceeding during the pendency of the proceeding.
(2) When a request for attorney's fees and costs is made, the court shall make findings on whether an award of attorney's fees and costs under this section is appropriate, whether there is a disparity in access to funds to retain counsel, and whether one party is able to pay for legal representation of both parties. If the findings demonstrate disparity in access and ability to pay, the court shall make an order awarding attorney's fees and costs. A party who lacks the financial ability to hire an attorney may request, as an in pro per litigant, that the court order the other party, if that other party has the financial ability, to pay a reasonable amount to allow the unrepresented party to retain an attorney in a timely manner before proceedings in the matter go forward.
(b) Attorney's fees and costs within this section may be awarded for legal services rendered or costs incurred before or after the commencement of the proceeding.
(c) The court shall augment or modify the original award for attorney's fees and costs as may be reasonably necessary for the prosecution or defense of the proceeding, or any proceeding related thereto, including after any appeal has been concluded.
(d) Any order requiring a party who is not the spouse of another party to the proceeding to pay attorney's fees or costs shall be limited to an amount reasonably necessary to maintain or defend the action on the issues relating to that party.
(e) The Judicial Council shall, by January 1, 2012, adopt a statewide rule of court to implement this section and develop a form for the information that shall be submitted to the court to obtain an award of attorney's fees under this section."
7/28/2018 06:35:02 pm
I did some research and it turned out to be one of the most expensive cases to deal with in other countries, most especially to those countries who has a majority number of Catholics. I know that this blog would be a big help for those who are planning to have a good and right way of separation. Thank you so much for the information.
5/27/2022 08:07:54 am
The court shall make an order awarding attorney's fees and costs. I truly appreciate your great post!
5/27/2022 08:33:54 am
This ensures that the spouse with the more financial power cannot bulldoze the other party into a result that is not in their best interest. Thank you for sharing your great post!
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Maria E. Crabtree, CFLS