Family Law attorneys charge thousands of dollars to represent you in a divorce. You may feel like you can’t contact an attorney because you don’t have the funds to pay for fees. The California Courts have a way that you can ask your spouse to pay those fees in certain circumstances.
If your spouse has a lot more money than you do and you can’t afford to pay for an attorney, you can ask the court to order your spouse to pay for your attorneys fees. A court ordered payment of fees makes sure that you have the representation you need in order to resolve the issues in your case.
A judge will consider the income of you and your spouse to determine if you have the ability to pay for an attorney. In some cases, you may be able to successfully request a judge order your spouse to pay your fees while representing yourself. If you are successful, the judge may order your spouse to pay an amount necessary for you to hire an attorney.
The provision of the Family Code allowing for fees on the basis of need is Family Code Section 2030. An alternate basis for attorneys fees in the Family Code also allows for the person who prevails in a motion or OSC to be awarded attorneys fees under Family Code Section 3652. However, if you satisfy the requirements for attorneys fees under Section 2030, the Court will apply that first to ensure that both parties have the ability to litigate.
If you do not have the money to afford an attorney but think your spouse earns enough that a court might order your spouse to pay for your attorneys fees, contact an attorney so that you can determine if you should file a request for fees with the court. Call San Diego Attorney Paul D. McGuire at the Law Office of Paul D. McGuire to schedule a free consultation.