Attorney’s Fee Requests in a California Divorce

Ensuring both spouses in a divorce or legal separation have fair access to legal representation, regardless of their financial situation.

CA Attorney Fee Requests

A Guide to California Family Code Section 2030

If you are going through a divorce, legal separation, or another family law matter such as a parentage case, you have the right to ask the court to order your spouse or the other parent to pay for your attorney’s fees and costs. As family law attorneys, we know that financial disparities can make it difficult for one party to access legal representation. The law allows you to request financial assistance from the other party to guarantee a fair and balanced legal process.

Before You Start

If you are unable to afford legal representation while your spouse or the other parent has greater financial resources, you can ask the court to order them to pay for your attorney’s fees. This guarantees that both parties have meaningful access to legal counsel.

Courts have the authority to grant attorney’s fees in situations where there is a financial imbalance between the parties. You may request these fees before hiring an attorney, or if you already have retained counsel, consult with them about your eligibility for such an order.

It is important to note that attorneys’ fees are not awarded to punish or reward either party. Rather, the purpose is to level the playing field so both sides have equal access to legal representation.

What Does the Judge Consider When Awarding Attorney’s Fees?

When you request attorney’s fees, the judge will assess a number of factors, including:

Based on these considerations, the court may order the other party to pay all or a portion of your legal costs.

Even if you have some funds to pay for your attorney, the court can still order the other party to contribute if there is a significant disparity in financial resources.

You Are Not Limited to a Single Request

Estimating the total cost of legal representation in a family law matter can be challenging. You may initially request the amount you need to begin your case and, if necessary, ask the court for additional funds as your case progresses.

How to Request Attorney’s Fees: Step-by-Step Guidance

Fill out the Request for Order (form FL-300) with a Current Income and Expense Declaration (FL-150) and Request for Attorney’s Fees and Costs Attachment (FL-319)

Use this form to tell the court:

You may use the same form to request additional orders, such as spousal or child support. This can help save on filing fees, and the court can address multiple issues at the same hearing. Be sure to review the requirements for each type of order to ensure your situation qualifies.

Complete the Required Attachment Forms

These documents provide the court with details about your financial situation and your need for legal assistance.

Complete the Income and Expense Declaration (form FL-150), detailing your earnings and your monthly expenses.
Attach proof of your income from the past two months.
Do not include your previous year’s tax return with your filing, but bring a copy to your court hearing.
Attach Supporting Documentation
Once you have filled out, signed, and dated your forms, make at least two copies for your records.

Submitting supporting documents, such as bills or pay stubs, can strengthen your request. When submitting these documents, be sure to redact private information, including Social Security numbers and account numbers, to protect your privacy.

If you have witnesses who can attest to relevant facts, you may have them provide written, signed statements for the court’s consideration.

Know that if you do not have all your supporting papers ready, you may file them at a later date.

File Your Forms with the Court

To file your forms:

The court clerk will stamp your forms, note a hearing date on your Request for Order, retain the original form, and return the copies to you. The judge will consider your request and make a decision at the scheduled hearing.<

If you’re looking for help with an Attorney Fee Request in San Diego or anywhere in California, reach out for a confidential consultation. Call (833) 931-1615 or complete our online form to schedule your appointment with a dedicated San Diego child custody attorney today.

Articles on Attorney Fee Requests

Why Choose Our San Diego Family Law Attorneys?

With deep roots in the San Diego community and extensive experience in California family law, our attorneys are committed to guiding parents with authority and compassion. At Burgos Santoyo Smith, you get the experience of seasoned litigators with small firm attention. We recognize that child custody cases go beyond legal results. They shape the future and well-being of your family.