In many civil cases, the default rule is that each party pays their own attorney fees. But this default does not always apply in divorce cases in California. So, who pays for a divorce attorney in San Francisco? Sometimes, the payer is the spouse who can afford it.
If you are about to embark on a divorce and are worried about keeping up with your or your spouse’s legal fees, we can restore your peace of mind and help you find legal alternatives for covering your costs. The Law Offices of Ali Yousefi, P.C., is a highly skilled family law firm that receives top reviews and can help ensure that your divorce is financially and legally fair.
Who Pays for Attorney Fees in a Divorce in California?
In a divorce, each spouse typically pays for their own lawyer fees. But California understands that a financial disparity between spouses can prevent fair representation in a divorce. So, the state provides solutions for this imbalance.
Under California law, a court can order your spouse to pay your attorney fees to ensure an equal playing field. When making a decision regarding who pays for attorneys fees in a divorce, the court looks at the following factors:
- Whether one spouse has significantly more financial resources than the other,
- What needs each spouse has,
- Whether the spouse being asked to pay has the ability to pay, and
- Whether ordering one spouse to pay the other’s fees is appropriate.
An order for payment of attorney fees doesn’t mean the court can order a spouse to pay whatever an attorney demands. If the court agrees that one spouse should handle the other’s fees for counsel, it will order that spouse to pay what is reasonably necessary for representation.
Who Pays for a No-Fault Divorce?
The default rule is that you pay for your own no-fault divorce fees in this state, but you can use the procedures we outline below to have your spouse cover your legal expenses. In general, a no-fault divorce is the only type of divorce an individual can obtain in California. And you don’t have to make the court find fault in your spouse to obtain an order for your spouse to pay your legal fees. Whether you can receive an order for your spouse to pay your attorney fees depends on their financial abilities and your financial needs.
How to Request Payment for Your Attorney Fees
Like anything else in divorce court, a request for payment of legal fees starts with paperwork. You can seek payment by filing a Request for Order form FL-300 and serving a copy of your request to your spouse.
With your request, you must generally include additional information about your background, finances, and needs. You provide this additional information on the following forms:
- An Income and Expense Declaration (FL-150) that outlines your wages, your education, your employment history, your tax information, your income, your assets, the composition of your household, your expenses, your special hardships, and your spouse’s income;
- A Spousal or Domestic Partner Support Declaration Attachment (FL-157) that includes facts about your marriage and identifies your position on (and the state of) spousal support in your case;
- A Supporting Declaration for Attorney’s Fees and Costs Attachment (FL-158) that explains why you should receive payment for your attorney fees, the legal history of your case, and what financial sources can be used to pay the fees; and
- A Request for Attorney’s Fees and Costs Attachment (FL-319) that includes how much your attorney fees and costs are and why you are asking your spouse to pay your fees.
Your spouse has an opportunity to respond to your request, and you both may have to attend a hearing on the matter before the court makes its decision. Remember, the goal is to show the court that you need financial assistance to have fair representation. The goal is not to punish your spouse.
You don’t have to hire a lawyer before you request an order for your spouse to pay your attorney fees. However, consulting a family law attorney is recommended. An attorney can advise you on the process and help you gather the evidence necessary to prove your right to payment. An attorney can also represent you in court for the hearing, and that representation can strengthen your case.
The Law Offices of Ali Yousefi, P.C., Can Cover You
Good attorney representation can be vital in any family law case, and the Law Offices of Ali Yousefi, P.C., is here to answer your call for a strong advocate. We are a multi-award-winning family law team that has been serving the people of California for a decade. We strive to get the best results that address our clients’ unique needs.
Please contact us online or call us to schedule a case review.
Attorney Ali Yousefi is the founder of Law Offices of Ali Yousefi, P.C., and has distinguished himself as one of the leading lawyers in California. Ali values that his work allows him to make a direct, positive impact on the lives of people who have experienced stressful or traumatic events.
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