Under the California Family Code §2030, needs-based
attorneys fees may be awarded to one spouse to ensure equal access to
representation. What this means is that
it is entirely possible that one spouse usually the breadwinner of the family
may have to pay in a dissolution action the attorneys fees for both
parties. The purpose under 2030 is to
preserve each parties rights in the dissolution (divorce) proceeding.
The exact amount that should be awarded as a needs based fee
is under full discretion of the Judge.
2030 says “whatever amount is reasonably necessary.” For a needs-based attorney fee award the
court will look at “whether there is a disparity in access to funds to retain
counsel, and whether one party is able to pay for legal representation of both
parties.” Such an attorneys fees award
should be granted early in the proceeding as a way of leveling the playing
field between the parties.
So what does this mean for litigants? Say your spouse was the breadwinner of the
family and controls most of the community resources, your spouse files a
dissolution action against you and lawyers up. You are left to defend the case
without an attorney. California Family
Code §2030 contemplates that in these types of situations this spouse will pay
for both the attorney’s fees to ensure equal access.
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