Requesting Attorney’s Fees Based on Need
What happens when your spouse has hired a lawyer for divorce or legal separation, but you cannot afford one yourself?
California’s Family Code promotes access to legal representation and provides a means for which you may request your spouse be required to contribute to your attorney’s fees and costs. The amount of their contribution, if any, is dependent on the factual circumstances of your marriage, specifically as to each spouse’s income and needs.
If you are successful at showing the court that your spouse has a greater ability to access funds to pay a lawyer, and can pay for your lawyer as well (at least in part), then the court will be required to order your spouse to contribute to your attorney’s fees and costs.
Sometimes the difficulty lies in how to prove your spouse’s ability to pay, especially if you are the “out spouse” regarding financials during marriage. If your spouse is not fully disclosing their income, expenses, assets, and debts to you or the court, and you do not have immediate access to their financial records, you may need to begin the formal “discovery” process by using various legal mechanisms to obtain information, such as family law form interrogatories (although it may be difficult to navigate the procedure without advice of an attorney).
In most cases, you should file your request for attorney’s fees and costs as early as possible in the proceedings to allow you the funds to have an attorney work up your case and prepare a plan toward resolution. Many attorneys will provide consulting services or work in a limited scope capacity to help you with certain aspects of your case until you are able to obtain an attorney fee order, if any.
It is important to know your rights, responsibilities, and options regarding the marital contract. Our family law team at Naimish & Lewis can advise you on this and other family law matters. To schedule an initial consultation with an attorney at our firm, please contact us.