Can One Spouse Ask The Other To Pay Lawyer Fees In A Divorce?

Multiple situations can arise when a court judge can order one spouse to pay the lawyer’s fees of the other spouse. A domestic partner or spouse can request this in the beginning of a legal separation or divorce. This can be applied to other family cases as well. The court can ask one spouse to pay for the other even if the couple in question are unmarried. They can be a part of the domestic partnership. Few examples of these kind include domestic violence cases or spousal support cases. Another third situation is there as well: the court may ask one spouse to pay a penalty or fine or any sanction for doing something unethical or illegal.

If you want to go down this road, you should know the fees demanded by the lawyer. To ask the court judge to issue the order so that your spouse pays all your legal bills, you should request a court hearing. It is your duty to explain the reasons for taking such a step.

Steps to be taken

You must fill out several legal forms to get a Request for order hearing from a judge.  These documents will help you to provide the information that the judge must know before making any decision dependent on the law. You must fill up such forms accurately. In case you have any queries, you must go to the self-help center of the court and talk to your lawyer. If you have doubt on your abilities to fill the form, your lawyer can do it for you.

Serving notices

Do not forget to have the forms reviewed. The help center or family law facilitator will assist you with all orders linked to divorce cases. Make a minimum of two copies of the court forms. You will keep one copy with yourself, and the remaining form for other party. The court will take the original. When you complete all these, file court forms with court clerk. Get the court date from the official. You have to turn in all the forms (three documents- two copies and one original) at clerk’s office inside the specific court managing your legal separation or divorce case.

Serve your spouse and spouse’s lawyer with a copy of the request. File proof of service and go to the court hearing.

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.  

Gerald 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.