How to Get Attorney’s Fees in a California Divorce

Hiring an attorney can be quite expensive with costs varying on the complexity of the case. Sometimes the court will order one side to pay attorney fees for the other party.  Fees are most commonly awarded because one spouse is unable to afford an attorney while the other spouse earns enough to help cover the costs.

A second common instance of the court awarding fees occurs when one party refuses to comply with a court order. If one party incurs costs as a result of the other party’s failure to follow the court order, then the court generally awards fees.

Courts award fees when one party does not act in good faith, called a monetary sanction by the court. The court will order a reasonable amount.

Request for fees are made through initial filing documents.

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With or Without a Lawyer?

Ideally everyone would have an experienced California family law attorney handle their divorce.  However, some spouses decided to handle their divorce without an attorney after discovering that a divorce lawyer is going to charge $150-400 an hour plus requires a substantial retainer to begin.

Is it worth the cost?

Seeking a cheap divorce may not be wise.  The answer depends on both the complexity of your divorce and your ability to learn the law and competently handle its complexities.  If you own substantial property and your spouse is contesting its division or not disclosing important financial information, then it may be worth the cost of a lawyer to support your position.  Conversely, if you can come to an agreement on all important issues, it may be worth saving money and handling the matter yourself.  Keep in mind that if you are unable to pay for the costs of an attorney the judge may award attorney’s fees to you in some circumstances.

Which lawyer should I hire?

When it comes to attorneys, more experience will land you with a higher legal bill.  Many clients wrongfully assume that a lawyer straight out of law school is incapable of handling their case.  However, most new California  attorneys have acquired enough skill and training in law school to handle a relatively simple divorce.  Hiring a new attorney is an excellent option if you do not feel comfortable handling your divorce alone and want to lower attorney’s fees.

Research your attorney.  Read everything on the firm’s website and contact the attorney for a free or reduced costs consultation.

Questions to ask during the consultation:

  • Do you specialize in divorce?
    • You should have no trouble finding one that does.
  • How long have you practiced family law in California?
    • Don’t be scared off if s/he is not a seasoned attorney.  You may be wasting money.
  • How much will my divorce cost?
    • Prepare for a vague answer.
  • What is the fee agreement?
    • Expect to pay upfront.
  • Can I require my spouse to pay my attorney’s fees?
    • If your spouse is the primary earner, the answer may be yes.
  • How long will my divorce take?
    • At least 6 months.

Limited Representation

One method to reduce the costs of your divorce is through limited representation.  If your funds are limited you may request “limited scope representation” which allows an attorney to assist you with the more difficult aspects of your divorce.  For example, you may hire the attorney for the sole purpose of appearing at the hearing to argue property division issues.

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