How To Recover Attorney's Fees During A Divorce?

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During many marriages, one spouse chooses to stay at home and care for children. For these spouses, financial security is an important issue to resolve during a divorce. Spousal and child support help deal with the costs of day-to-day life, but the potential cost of future legal proceedings can be imposing. Even if not intentional, having a financial advantage can intimidate the other party and force them to concede issues they would not otherwise.

 

The law has reacted to this inequality with the California Family code 2030. This allows the courts to order one party to pay for attorney's fees and the other's costs based on financial need. The primary goal is to ensure both parties have adequate legal representation.

 

It is important to realize if the court may award attorney's fees in your case. The court will look at both parties' relative income, both parties' ability to pay, and each party's need for legal representation. If the court finds sufficient financial disparity and that the matter is complex enough to require an attorney, then the court may order one party to pay the attorney's fees and costs.

 

California Family code 2030 is not limited to just divorce proceedings. It may be applied to legal separations, nullities, motions to modify, and motions to enforce. The courts can also apply it to any civil action that is sufficiently related to the family law issues. It is important to realize how broadly this statute can be applied and determine if it may be applied to your case.

 

The expenses of divorce and family law disputes can easily add up. Many parties would be unable to bring cases to protect their rights if courts did not have the authority to award attorney's fees. If you are struggling through a divorce and there is a significant wealth gap between you and the other party, an experienced divorce attorney will be able to help you decide whether you are entitled to have your fees paid for.

 

If you get into an unfortunate situation of dissolving your marriage, consideration to detail & willingness to fight for your rights are essential in getting started on a positive path toward your future. If you need an accomplished, dedicated, and inspiring lawyer to represent you, please call 1-714~733-7066, the law office of Jos Family Law, the top Anaheim divorce attorney today.

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