One of the most common reasons people going through a divorce in California are hesitant to speak with an attorney is simply fear of the cost. It is true that a reputable family law attorney will need to be paid for their time in overseeing and navigating your divorce matters in your interest, but the cost of not working with an attorney who will take the time to zealously represent your interests in light of California law can often be much greater. This is especially the case when there are potentially years of spousal support and child support payments at stake, significant property distribution issues (e.g. real estate, retirement, business, etc.), and tricky custody and visitation matters to nail down. Thus, in a sense, the benefits of a well-handled divorce matter can easily outweigh the cost of an attorney, but, that said, California also allows spouses in divorce matters to seek the cost of attorney’s fees from the other spouse on top of any financial benefits/payments they receive in the divorce.
How to Seek Attorney’s Fees in a California Divorce
To obtain attorney’s fees in a California divorce, you will need to submit that request to the judge overseeing your divorce matter. This is a common request in a California divorce, and you will be required to submit a statement of facts regarding your personal situation which you feel justifies the other spouse being made to pay for part or all of your attorney’s fees.
First, you will need to actually have an attorney working on your behalf for the court to award fees; it may sound obvious, but the court cannot award attorney’s fees if you are not working with an attorney. Your attorney will oversee this request for fees, of course, and rest assured that your attorney has a significant interest in winning this request. It is the case that you may well be incurring these attorney’s fees well before any award is made by the court of fees, but your attorney can provide you with an overview of your likelihood of success in recovering fees in your matter.
Factors California Judges Consider in Awarding Attorney’s Fees
In deciding whether to award you with attorney’s fees in your matter, the court will look at the same factors as it does when deciding whether to award spousal support and how much such payments should be. These factors include:
- Whether the requesting spouse or children were the victims of domestic abuse in the marriage
- The requesting spouse’s ability to earn a living in line with the standard of living enjoyed during the marriage
- How much the requesting spouse contributed to the other spouse’s education or training
- The ability of the other spouse to pay attorney’s fees
- The financial needs of each spouse
- The total financial assets and income of each spouse
- The age and health of each spouse
- The duration of the marriage
- The hardships on the requesting spouse in obtaining an attorney
- Any unfair treatment in seeking the divorce by the other spouse
- Any other factors that the court should consider
Again, by speaking with an experienced California family law attorney, you can get a better sense of whether a California family law judge will be inclined to award you attorney’s fees in your divorce and how to best go about seeking that goal.
For any questions on family law in California, contact the Law Office of Kelley C. Finan today to schedule a consultation to discuss your circumstances.