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Attorney’s Fees

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Who is Responsible for Paying Divorce Attorney’s Fees?

The general rule for attorneys’ fees and who pays them is that each party pays their own attorney. In some other jurisdictions it is regular practice for the “loser” to be held responsible for the “winner’s” attorney fees, but that is not the American rule. However, even though it isn’t the rule, one party may be required to pay the other party’s attorney fees depending on the circumstances of the case. In a divorce case, there is a Petitioner and a Respondent. The Petitioner is the party who filed (or petitioned) for divorce. When filing, the Petitioner can ask for…

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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…

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Understanding Family Code 2030 In California Divorces

California 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…

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How To Seek Attorney Fees In Your Divorce Case

A number of situations can crop up when a judge could order one spouse to pay the lawyer’s fees of the other spouse. When it comes to separations or divorces, a domestic partner or a spouse can make the request to the court at the start of the case. Examples exist of a number of other family law cases where one side has asked for lawyer’s fees from the other even if parties concerned are neither in domestic partnership or are married. Such examples include visitation and custody cases where parents of the child are entwined in marriage. There can…

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Cash-less in California: Family law, Divorce and Bankruptcy

Divorce can sometimes lead to bankruptcy and make divorce an even harder process. Filing for a bankruptcy can be a tedious task if you do it on your own. Getting a bankruptcy attorney is probably a good idea. During divorce, one of you may not have the means of paying the debts. In such cases, bankruptcy can be used in one’s advantage. Bankruptcy is a means by which you can lower your debts and save yourself from spending more than you want to during a divorce. Additionally, filing for bankruptcy is a good idea if you and your partner don’t…

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Understanding California Needs-Based Attorney Fees Orders

The California Family Court follows Family Codes sections 2030-2032 to grant an order related to attorney fees. The court makes an award of the fees and costs of hiring an attorney only after it has determined that a party in a divorce case is unable to pay it himself or herself. Generally, the spouse with the lesser income is awarded an attorney fees order. The court considers it a ‘needs-based’ award. The higher earning spouse pays the costs of hiring a lawyer to the lower-earning spouse who also has little access to money/assets. Family Code section 2030 Parts of Family…

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Seeking Sanctions Against Your Spouse in Divorce Cases

In California, it is possible for you to seek sanctions against your spouse. You can evoke Family Code section 271 to make such a request. Requests made on the basis of Family Code section 271 are not considered as ‘need-based’ attorney’s fees by the court, but as sanctions for improper conduct in the case.  You can use Family Code section 271 only if you can prove that your spouse has violated the mandates of the code section. Mandates of Family Code section 271 Family Code section 271 states that the California family court has the right to grant sanctions against…

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