California Divorce Information - Divorce Lawyers
Courts may order one party to pay all attorney fees, costs and expenses. When making this determination, a
court must first determine that the party has or is reasonably likely to have the ability to pay. Further requirements for the
assessment of fees charged by California divorce lawyers are subject to section 271 of the Family Code:
- Notwithstanding any other provision of this code, the court may base an award of attorney's fees and costs
on the extent to which the conduct of each party or attorney furthers or frustrates the policy of the law to
promote settlement of litigation and, where possible, to reduce the cost of litigation by encouraging
cooperation between the parties and attorneys. An award of attorney's fees and costs pursuant to this section
is in the nature of a sanction. In making an award pursuant to this section, the court shall take into
consideration all evidence concerning the parties' incomes, assets, and liabilities. The court shall not
impose a sanction pursuant to this section that imposes an unreasonable financial burden on the party against
whom the sanction is imposed. In order to obtain an award under this section, the party requesting an award of
attorney's fees and costs is not required to demonstrate any financial need for the award.
- An award of attorney's fees and costs as a sanction pursuant to this section shall be imposed only after
notice to the party against whom the sanction is proposed to be imposed and opportunity for that party to be
heard.
- An award of attorney's fees and costs as a sanction pursuant to this section is payable only from the
property or income of the party against whom the sanction is imposed, except that the award may be against the
sanctioned party's share of the community property.
California Divorce Information
When the court orders one of the parties to pay attorney' s fees and costs for the benefit of
the other party, the fees and costs may, in the discretion of the court, be made payable in whole or in part to
the attorney entitled to fees. For fees charged by divorce lawyers, Southern California divorce lawyers charge
similarly to fees charged by San Francisco divorce lawyers and other major metropolitan areas.
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