The language in the California Family Code attempts to ensure that everyone has access to legal representation during his or her divorce. An indigent party may qualify for pro bono or reduced-fee legal services, and for a waiver of court fees. Needs-based legal assistance, however, is difficult to qualify for, leaving many people in a financial bind when affording legal services. Therefore, under appropriate circumstances, the court will order one party to pay for the fees of the other.

Under Family Code Section 2030 whether you are entitled to attorney’s fees for your divorce is based on two primary factors. First, the court looks to determine whether there is a great disparity in available financial resources between the two parties. Second, the court determines whether one party is able to afford to pay fees for both parties. If these conditions are met, the court may order an award for attorney’s fees and costs. Under Family Code Section 270 and 271, courts may also award attorney’s fees or costs as a “sanction” against a party for bad behavior. In these cases, courts may only impose fees and costs on a party that can afford it. With sanctions, the party requesting attorney’s fees does not have to demonstrate financial need, and the payment will come out of the sanctioned party’s assets or his or her share of community property.

I can determine whether your particular circumstances may qualify you for an attorney fees award and I will not hesitate to ask the court to order an award in your favor.