Attorney Fees

There are a number of scenarios under which the other party might be ordered to pay some or all of your attorney fees and costs.

Family Code 2030 Attorney Fees

Both spouses have the right to legal representation. If one spouse has greater access to funds for an attorney than the other, the court will equalize the access by ordering the payment of attorney fees by one spouse to the other.

Family Code 2030 states:

“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 … 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 …”

 Sanctions for Bad Behavior

When one spouse behaves during the process of getting divorced in a way that causes an increase in litigation, the court can order that this spouse pay to the other spouse attorney fees as a sanction for their bad behavior.

Family Code 271 states:

“ … the court may base an award of attorney’s fees and costs on the extent to which the conduct of each party or attorney furthers or frustrates the policy of the law to promote settlement of litigation and, where possible, to reduce the cost of litigation by encouraging cooperation between the parties and attorneys.”

When you are looking for a family law attorney, make sure that he or she does not routinely behave in a way that causes increased litigation. If the court orders a payment of attorney fees for the bad behavior of your attorney, it is you who pays, not the attorney.

Attorney Fees for Enforcement of Support Orders

If parent who has a court order entitling them to receive child support, or a spouse who has an order entitling them to receive spousal support, is forced to go to court to enforce that order, the court can order the payment of attorney fees and costs spent to enforce that order.

 How to Reduce Your Fees

The best way to reduce your attorney fees and costs is to hire an attorney you trust and follow their legal advice. The refusal to accept the legal realities of your case will always cause you to incur more expense in your divorce.

Also, your attorney is a counselor at law, but he or she is likely not a licensed therapist. As much as possible, utilize your attorney for legal advise and a therapist to work through your issues with your spouse or partner.

Another way to decrease costs is to make every effort to get along with your spouse during the divorce proceedings, even if you can hardly stand to be in the same room with him or her. When you are trying to settle your case, or come to an agreement on an issue, nothing is more damaging to your ability to settle than engaging in behavior that further enflames an already difficult process.