Attorney Fees and Costs in Family Law Cases

Court Awards of Attorney’s Fees  and Costs

California law provides for the award of attorney’s fees in certain circumstances.  This means that the one party to a case may be required to pay all or part the other party’s attorney’s fees, which occurs upon the filing and court hearing of a motion by the other party in need of payment of his or her fees.

First, in dissolution, annulment and legal separation proceedings, California law seeks to ensure that each party has equal access to legal representation to preserve each party’s rights.  In determining whether to award attorney’s fees, the court considers the incomes and needs of each party as well as each parties’ ability to pay.  This means that if one party to a case has a greater ability to afford legal representation, the court may order that party to pay reasonable attorney’s fees so the opposing party can have the same access to representation.  Family Code 2030 is the conduit for such an award.

Second, a party may be entitled to an award of attorney’s fees based on the other party’s conduct in a case.  It is a policy under California law to promote the settlement of family law cases and minimize the cost of litigation by encouraging cooperation between the parties and their attorneys.  Where the conduct of a party or his or her attorney in a case frustrates either of these policies, the court may order that party to pay the other side’s attorney’s fees.  Such a motion based on the sanctionable conduct of one party is based on Family Code 271.

Third, a party may be entitled to reasonable attorney’s fees to a party in an action to enforce an award of child and/or spousal support.  This means that a party who fails to pay court ordered child or spousal support may be ordered to pay the attorney’s fees for the other party in an enforcement action.

Lastly, a party may be entitled to attorney’s fees where the opposing party misuses or abuses the discovery process.  For example, a misuse of the discovery process can occur where a party fails to confer with the opposing party to resolve a discovery dispute, makes an evasive response to a discovery request or uses a discovery method to harass, annoy or burden the opposing party.  California laws regarding discovery as well as the award of attorney’s fees in relation to discovery misconduct can be complicated.  The assistance of an experienced family law litigation attorney is often helpful to ensure that you comply with discovery laws as well as to protect your rights throughout the discovery process.

Our attorneys understand that legal representation can be costly and are prepared to help you to protect your entitlement legal fees as well defend you against an unlawful claim to attorney’s fees from the opposing party.

Wilkinson & Finkbeiner Legal Services Options

Many people do not realize that there are different options for obtaining legal services.  Our firm provides several different levels of services that you may choose from to best suit your needs.  First, we offer full representation, in which we will act as your attorney of record, including preparing all documents and appearing on your behalf in court.  Second, we offer scrivener services in which our attorneys prepare all documentation for you, but do not act as you attorney of record.  This means we will assist you in completing all the necessary forms and pleadings, but you will represent yourself in court.  Finally, we also offer consulting services in which we can inform you of your legal options and how you may proceed in your case.  Consulting services are designed to provide you with information only and it would be up to you to pursue your case independently. 

Family Law Mediation Lawyers

In divorce, legal separation and annulment proceedings, we also offer mediation services in which we can represent both you and your spouse.  Because you and your spouse will have conflicting interests in your dissolution proceeding, you will be required to sign an agreement waiving this conflict.  During the mediation process, an attorney will discuss the various issues in your dissolution case and facilitate communication between you and your spouse to assist you in reaching an agreement on the issues in your case.  Mediation is an effective method of resolving disputes in a dissolution proceeding and can help you and your spouse minimize the cost of your divorce.  If you think mediation is an option in your case, our experienced family law mediation attorneys can help.

Free free to email or call us today at (714) 667-0045 for your free, private initial consultation.

DISCLAIMER: The content of this website is intended as legal information only and should not be construed as legal advice.  The content of this website is a summary of the law only.  It may not contain a complete statement of the law.  You should contact an attorney if you seek specific legal advice or assistance.