Divorces can be ugly. There's no one reason why people get divorced; sometimes there is infidelity in the relationship, sometimes there are secrets kept that tear the relationship apart, other times, the couple just decides they don't want to be married to each other. Whatever the case is for getting divorce, both parties usually end up seeking the services of a divorce attorney.
For the partner that is usually reliant on their spouse for support financially, they may think that they will not be able to afford a divorce attorney, or if they can afford one maybe the attorney will not be a good one because they are working for cheap.
California law makers know how important it is for parties going through any type of legal issue to have access to legal representation; and divorce is no different. Unlike criminal proceedings though, the government does not provide you with representation. Instead, California lawmakers has put in provisions which allow the supported party in a divorce hearing to obtain financial support from their soon to be spouse to help pay for legal representation.
This means that one partner will pay not only their own legal fees, but also the legal fees of their spouse. Now, the attorney fees that the spouse will have to pay must be within reason. This is not a blank check for an attorney to charge whatever they want; the key is within reason.
Some of the factors that the court will look at when they decide how much, if any, one spouse will pay to the legal representation of their soon to be spouse include: how much of a difference is there in wages between both partners. That is to say, how much more money does one partner make than the other.
Another factor they will look into is if either partner can afford to pay for both legal representation. If both partners are barely able to pay for legal representation, then the court may not award either party with the right to collet attorney fees from either party.
Finally, the court will also take into account any children that both parties have in the relationship. Who is granted custody? Is it joint custody where the split is equal? These are all additional factors that the court will consider.
If you are going through a divorce, or feel like it's time to file for divorce, hiring a knowledgeable and experienced divorce attorney can help you through this difficult process.
This is a Divorce legal blog. It is not intended to be used as legal advice. For further information please contact the law offices of attorney Ramona Kennedy.
Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA).
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