top of page

DID YOU KNOW BY ATTORNEY F.M. ZAVALA

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

SETTLEMENT AGREEMENTS IN FAMILY COURT MUST BE SIGNED BY THE PARTIES Under Family Code 664.6 if parties to pending dissolution or paternity case stipulate, in a writing signed by the parties outside of

DOMESTIC VIOLENCE RESTRAINING ORDERS Under F.C. section 6300. (a) A domestic violence restraining order may be issued if an affidavit or testimony shows, to the satisfaction of the court, reasonabl

VOIDABLE MARRIAGES FC § 2210 A marriage is voidable and may be adjudged a nullity if any of the following conditions existed at the time of the marriage: (a) The party who commences the proceeding or

Post: Blog2_Post
bottom of page