Paying Attorneys Fees in a Divorce

Pierre Domercq Divorce

In many divorce cases, each party pays for their own attorneys fees in a divorce. What happens when one of the parties controls most or all of the money? What happens when one of the parties needlessly or vindictively attempts to use litigation to run up attorneys fees for the other side?
California family law provides guidance on these questions. Our family law code is structured to provide transparency and a duty of responsiblity so that both party’s assets, incomes and liabilities are clearly disclosed. The family law code helps to provide parity so that each party may retain their own attorney and have equal access and a level playing field when it comes to legal representation.
California family law promotes the policy of settling disputes whenever possible through reasonable processes such as negotiation, mediation or in settlement conferences. Another section of family law code protects you from a spouse who attempts to conceal assets, needlessly or vindicitively litigate in order to drive up the other’s attorneys fees, or who refuses to make the mandatory transparent disclosures. This allows the judge to effectively punish unusually bad behavior.
Sanctions can include compensation for the other party’s attorneys fees, and additional portions of community property.
In short, the greatest source of “cost” in a North County divorce is resolving areas of genuine principled dispute or disagreement. Anyone who attempts to purposefully obstruct or thwart progress or generate needless litigation faces stiff sanctions by our North County Judges and Magistrates.
California family law is designed to create an equitable and level playing field so that both parties have access to effective representation. If you are concerned about the tactics or threats of your former spouse and want a divorce attorney with decades of experience and expertise we invite you to contact us or call 760-712-3741.