Attorney's Fees

During a marriage it is not uncommon for one spouse to be the primary provider while the other takes care of the home. During a divorce though this type of relationship may cause difficulties as

However during a divorce this can create inequalities for the spouse who was not the primary provider. In California the law has reacted to this disparity by giving courts the discretion to order one party to pay for the attorneys fees and costs of the other party.
In California one party may be held to pay for the fees and costs of the other in three ways:

(1) Need Based
(2) Sanctions
(3) Contract

Need based allows the court to ensure both parties have the opportunity to obtain equal representation. Under California Family code 2030, the court is entitled to order payment of fees and costs between the parties based on "relative circumstances." The court will look at respective income, needs and ability to pay to make sure both parties have adequate legal assistance.

Sanctions may be awarded as punishment for conduct during the proceedings. If a party refused to comply with financial discovery or purposefully delayed the proceedings the court may award fees and costs to punish the conduct.

The amount of attorney's fees will vary based on which type is granted. Need based must be a reasonable amount calculated by the court to maintain or defend the case. The amount for sanctions is limited by parties ability to pay. Since it is punishment the amount is based on how much is necessary to prevent future conduct.
It is also important that either may be given during an action for dissolution, nullity, legal separation, modification or enforcement. In addition the award may cover all costs associated with the proceedings.

The last way attorneys fees may be ordered is through contract. Many marital and custody agreements contain a clause that allows a prevailing party to recover fees in an action to enforce the agreement. Unlike the other two methods which give the court broad discretion this is enforced as a private contract between the parties. So long as the contract is enforceable then an award of fees and costs must be granted.

The costs of divorce and family law fees can add up quickly. Without statutes allowing courts to award attorney's fees many parties would be unable to bring suits to enforce their rights. If you are facing divorce issues and there is a substantial disparity of wealth between you and the other party an attorney may help you determine if you are entitled to have you fees paid for.