California Divorce

California divorce laws and information.

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.

California Divorce Information - Contents

© California Divorce Tips, Inc., 2008