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Orange County divorce attorneys; The Maggio Law Firm

Understanding Family Code 2030 In California Divorces

divorce lawyers in Orange County; The Maggio Law FirmCalifornia Family Code section 2030 helps ensure that a fair trial is conducted during a divorce in California by enabling a means of seeking attorney’s fees on the basis of need to be able to afford legal representation. The section has been designed for both the husband and wife to have equal access to family law courts during legal representation. Couples in California sometimes fail to understand the code and some that do tend to misuse it.

What does it cover?

The Family Code 2030 contains initial applications that couples require for attorney fee and post-judgement modifications. Family court judges play an important role when it comes to considering disparity of earnings between couples. They keep an account of disparities between both parties and to what extent the disparities exist. Code 2030 comes into picture when couples lack the required money to hire attorneys. The amount of money awarded to the couples due to court order may not necessarily depend on how much money the couples can provide. The order depends a lot on the complexity of the issue.  California law courts believe in fair trial and are ready to help couples with a certain amount of money to hire a family judge. Family code 2032 is an extension of code 2030 and allows one party member to cite code 2030 to the judge in case of huge disparity in marital property or assets.

2030 may not be needed by every couple and those that don’t require it should request the court to pay attorney fees directly to the attorney. The fees provided by the court should only be used for hiring a family judge. In some cases, where couples did not require attorney fees ended up spending it before a lawyer could be hired. To avoid such cases, it’s better to let the court know whether attorney fee is required or not.

During attorney fee applications, it is best to address the standard of living during marriage in the supporting declaration. The standard of living should be in adherence to the Family Code 4320.

Conclusion

The Family Code 2030 is helpful for individuals who are unable to hire family lawyers to defend their case in a divorce proceeding. Disparities are common and exist between many couples. Code 2030 considers the disparities and provides a substantial amount to the individuals. The amount of money depends on how complex and serious the issue is and has little to do with the amount of disparity between the couples.

Getting divorced in California can be complicated.  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  

divorce_attorneyGerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

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