Attorney’s Fees and Sanctions
A court may order one party to make a contribution towards the other party’s Attorney’s Fees and Costs during the divorce process. The following is a sample of ways the court can make such an order.
- Family code section 2030 fees – The most common type of attorney’s fees order. This order happens when one party can show there is a disparity in access to funds to retain counsel and that the other party is able to pay for legal representation for both parties.
- Family code section 271 sanctions – This award comes in the form of a sanction. One party has to demonstrate that the other party is acting in ways that frustrate settlement and increase the cost of litigation.
- Family code section 3557 fees – This fee award is mandatory if one party is late on their child and/or spousal support payments and the factors allowing for Family Code section 2030 fees exist (see above).
An award of attorney’s fees is not automatically given simply because a party asks for it. Contact Dan to discuss how you can either petition the court for an award of attorney’s fees or negate the other party’s request for said fees.