For many people, the thought of going through a divorce can cause both emotional and financial upheaval. These legal proceedings can be expensive. Sometimes, one party might not have the resources to pay for the divorce. So, who pays legal fees in divorce in California? We will look at the general rules of legal fees under the state’s law and when one side might have to pay for the other person’s expenses.
California Law About Legal Fees
Unfortunately, divorces can be costly, especially if you and your spouse are having issues involving child custody, property division, or spousal support. Many times, this can lead to additional court hearings, which can quickly add up in costs.
Under California Family Code Section 2030, each person is responsible for paying their own legal fees. While this is the default position, the state knows there are situations with financial imbalance. Under these circumstances, the more financially capable spouse may have to contribute to the legal costs of the other.
Sometimes, the court can order one party to pay some or all of the other spouse’s attorney’s fees and legal costs. The purpose is not to punish the paying party but to make sure that both spouses have adequate legal representation. This usually happens when the two parties have a large financial disparity in income and assets. This practice is often known as “fee shifting.” It can prevent them from having an unfair advantage because they can afford better legal representation.
How Does the Court Determine These Decisions?
The court does not take these issues lightly. They will look at several factors to see if the other spouse will be required to pay for the other’s legal fees. These can include:
- Income disparity between the spouses
- Each party’s ability to pay
- Each spouse’s need for legal representation
- The conduct of both parties
- The impact that paying may have on their financial stability
Making a Request for the Other Party to Pay for Attorney’s Fees
Asking the other party to pay your legal fees is not automatic. You will need to file a formal request with the court. Most of the time, you must complete this early in the divorce process. Anyone who wants to petition the court will need to have a detailed declaration outlining their financial situation, legal costs, and the need for fee assistance.
After receiving the petition, the court will hold a hearing to review the request. During this time, both parties can present evidence regarding their financial circumstances and ability to pay.
There is never a guarantee that the courts will agree to fee shifting. For that reason, you will want to make sure you have a solid case to outline your financial needs.
Is Financial Need the Only Time When Legal Fees May Be Awarded?
While the financial need of the other spouse is one way that the other party may need to pay for legal fees, it is not the only reason. In some cases, the court may order one party to pay the other’s legal fees if that party has acted in bad faith or engaged in conduct that unnecessarily increased the divorce cost. For example, if one spouse refuses to provide financial documents, the court may require them to pay the other spouse’s fees.
Learn More About Potential Legal Fees of Your Divorce
Who pays legal fees in divorce in California? In most cases, each party is responsible for their own legal fees. However, fee shifting may occur if the spouses have a large disparity in financial resources. If you are going through a divorce in California and are concerned about legal fees, reach out to an experienced family law attorney.
If you have questions, Roberts & Zatlin Law Office is here to help. Our team can assist with your divorce case. To schedule a consultation today and receive a free initial assessment of your case, please call (951) 381-8147 today.
