According to California Family Code 2030 you may be eligible for “need-based” fee awards in your divorce. These codes ensure that both partners have access to legal support during a divorce. If your spouse is prolonging the divorce with constant disagreements, they may be required to repay you for the legal fees you incur.
We are happy to represent you in petitioning for the payment of attorney's fees. Our hard-hitting, results-oriented Temecula divorce lawyers are well-versed in negotiation both in and outside of the courtroom.
Reach out to our team at (951) 225-1540. We also serve clients in Murrieta and the surrounding areas.
California Family Code 271
California Family Code 271 allows a spouse to request reimbursement for attorneys’ fees if the other spouse is unnecessarily driving up litigation costs. The court can order that spouse to cover the legal fees for both parties. The judge will determine a percentage based on their financial ability.
How to Request Lawyers’ Fees
A Temecula divorce lawyer can walk you through the process of requesting attorney’s fees. To begin, you will need to fill out several forms.
The necessary forms are:
- Form FL-300 Request for Order
- Form FL-319 Request for Attorney's Fees and Costs Attachment
- Form FL-158 Supporting Declaration for Attorney’s Fees and Costs Attachment
- Form FL-150 Income and Expense Declaration
Your attorney can review the forms to make sure that they are filled out correctly. Be sure to make copies of every document to have as a backup. After the forms are filed, the court will set a date to hear your request. You will also need to serve your spouse or domestic partner with a copy of the request. The papers will include a blank Responsive Declaration to Request for Order form and a blank Income and Expense Declaration. Once the papers are served, you must file a proof of service with the court.
It is very important that this document is filled out correctly. You may want a lawyer to look over it for you prior to filing. Lastly, you will need to attend your hearing. You should always hire an attorney to accompany you to court. The experienced Temecula divorce lawyers at Camarata & Fuller know how to present a case clearly before the judge and understand the complicated protocol of the court system.
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