top of page


Standards for Award of Attorney’s Fees and Costs

[1] Respective Income and Needs of Parties

When a party requests an award of attorney’s fees in a dissolution, legal separation, or nullity proceeding, the court must make findings on whether an award of attorney’s fees and costs is appropriate, whether there is a disparity in access to funds to retain counsel, and whether one party is able to pay for some or all of the legal representation of both parties. Fam. Code § 2030(a)(2)

The court must make an order awarding attorney’s fees and costs if its findings demonstrate disparity in access and ability to pay.

In determining what is just and reasonable under the relative circumstances, the court must take into consideration the need for the award to enable each party, to the extent practical, to have sufficient financial resources to adequately present his or her case, taking into consideration the circumstances of the respective parties, as described in Family Code Section 4320.

1 view0 comments

Recent Posts

See All

CA FAMILY LAW SANCTIONS AGAINST ATTORNEYS, PARTIES OR WITNESSES FOR NOT FOLLOWING COURT RULES CA Rules of Court, Rule 5.14 For purposes of the rules in this division: (2) "Person" means a party, a pa

RETROACTIVITY OF SPOUSAL SUPPORT IN CA FAMILY LAW DISSOLUTION OF MARRIAGE Fam. Code, § 4333, controls the permissible date on which a permanent spousal support order may begin. It authorizes a court t

TEMPORARY VS. PERMANENT SPOUSAL SUPPORT IN CA FAMILY LAW DIVORCES California law provides for two distinct types of spousal support—temporary and permanent. Awards of temporary spousal support do not

Post: Blog2_Post
bottom of page