Attorney Fees in CA, or “How Much Will This Cost”?
The most common question about attorney fees, aside from “how much will this cost?” is “How and I going to pay for this?” I recommend that you ALWAYS consult an attorney before filing for divorce, even for just an hour. It is worth the two or three hundred dollars you will spend, just to get a professional’s opinion. Without a skilled advocate, much of the process of Family Court is invisible to the lay practitioner. One of the most difficult things to do is come into a case after the client has appeared in Pro Per and, through lack of knowledge, have signed away their rights to something important.
It is especially important to retain or consult an attorney if there are children and property to be divided. There are specific rules as to whether or not you can use community property to pay your attorney fees and how you go about getting fees paid through the conclusion of the proceedings.
Once the Petitioner is filed and the Summons issued and served, both parties are bound by “Automatic Temporary Restraining Orders” (ATRO’s) that go into effect to freeze the status quo so that neither side can loot the marital estate.
Family Code § 2030. This is the section that applies to initial orders for fees and to later modifications. Its purpose is to “ensure that each party has access to legal representation to preserve each party’s rights by ordering, if necessary based upon the income and needs assessments, one party,…, to pay to the other party, or to the other party’s attorney, whatever amount is reasonably necessary for attorney’s fees and for the cost of maintaining or defending the proceeding….” Courts are directed to look at the “respective incomes and needs of the parties” and “any factors affecting the parties’ respective abilities to pay.” They must also consider disparities between the parties’ access to resources.” If the findings demonstrate disparity in access and ability to pay, the court shall make an order awarding attorney’s fees and costs.” Section 2030(a)(2).
Morinelli & Lieberman Law Group charges a flat fee for most services so you always know what your bottom line is. We also accept monthly payments if necessary.
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