When going through a divorce, you often need an attorney to guide you through the process. But what happens when the other spouse cannot afford their legal fees? Does the husband have to pay for the wife’s divorce lawyer in California? Let’s examine the law and find out when the other spouse will have to pay for legal assistance.
California Divorce Law
Since California is a no-fault divorce state, one side does not have to prove fault or wrongdoing to obtain a divorce. In these cases, both spouses are treated equally under the law. The principle of fairness extends to the payment of legal fees. Under the law, there is no automatic rule that the husband must pay for the wife’s lawyer. However, a court may require one spouse to cover the legal fees of the other in some situations.
Under Family Code Section 2030, the courts may order one spouse to pay the attorney’s fees of the other. With that, both parties have equal access to legal representation during the divorce. Many times, this happens when one spouse cannot afford a lawyer, but the other person has the financial ability to pay. Under those circumstances, the court may order the wealthier spouse to cover their legal expenses. In California, that is known as need-based attorney’s fees.
What Factors Go into Awarding Need-Based Attorney’s Fees?
Ordering the other spouse to pay the other party’s legal fees is not automatic. The court will consider several factors. For example, if there is a large income gap between the husband and the wife, the court may order the wealthier spouse to pay for part or all of the other spouse’s attorney’s fees.
Along with that, the courts assess the financial situation of the spouse being asked to pay. For instance, if the husband has substantial income, assets, or financial resources, he may be ordered to cover the wife’s legal costs.
Additionally, if the case involves child custody, spousal support, or the division of large assets, the court wants to ensure that both sides have adequate legal representation. As a result, the party with the better financial resources will be ordered to pay for the other ‘s attorney fees.
Sometimes, the conduct of the parties is taken into account. For example, if the husband’s behavior unnecessarily increases litigation costs, he may be ordered to pay additional attorney’s fees.
While paying for the other spouse’s legal fees might seem like a form of punishment, it is to level the playing field. In these cases, both sides can have competent legal representation during the process.
Will All Attorney’s Fees Be Paid?
In these cases, the court may order payment of attorney’s fees during the divorce or after the final decree. Sometimes, there may be a temporary order to pay attorney’s fees as the case is ongoing. However, even at the end of the cases, the courts can include additional attorney’s fees as part of the final judgment.
Of course, there can be some exceptions in these cases. If both spouses are in a similar financial situation, the court will often not order one spouse to pay the other’s legal fees.
Find Out Who Will Pay for Attorney’s Fees
Does the husband have to pay for the wife’s divorce lawyer in California? Under the state’s need-based attorney’s fees system, a court can order the wealthier spouse to pay the other spouse’s legal fees to ensure a fair and equitable process. However, this is not automatic. Every case is evaluated on its own merits.
If you have questions about your divorce case in California, reach out to Roberts & Zatlin Law Office. Our team is here to assist with your divorce case. To schedule a free consultation today and receive a free initial assessment of your case, please call (951) 381-8147 today.
