Category Archives: Attorney Fees
Attorneys Fees as Sanctions: the Difference between the Family Code and the Civil Code
I recently wrote about attorney’s fees as a sanction and distinguished an award of attorneys fees as a sanction from attorney fees based on need in this post. I noted that Family Code Section 271 provides authority for sanctions against the adverse party (i.e. one’s ex). It does not authorize sanctions against the adverse party’s… Read More »
How do I add income from a small business to the California Income and Expense Declaration, form FL-150?
Question: If my spouse is self-employed with his own business, how should his income be stated in form FL-150 Income and Expense Declaration? On line (1.a) must he must state the name of his business, and on line (1.h) he must state his business’s gross income (before any taxes)? On line (7) must he must… Read More »
The Divorce Process in California Explained
A PRIMER ON THE DIVORCE PROCESS IN CALIFORNIA Just like any lawsuit, a divorce case has a beginning. a middle and an end. 1. The Beginning In California a divorce case traditionally begins with a summons and petition of divorce and a response to the petition. In cases with minor children, certain data such as the age, birthdate, and… Read More »
The difference between need-based attorney fees and sanction-based attorney fees in California family law courts.
Learn the Difference Between Need-Based vs. Sanction-Based Attorney Fees in California Divorce In a California divorce, the cost of litigation can be a significant barrier to justice. The law recognizes this and provides mechanisms to ensure that one spouse doesn’t “out-spend” the other into an unfair result. However, not all attorney fee awards are created… Read More »
Learn How to Obtain a Court Order for Your Spouse to Contribute to Your Attorney Fees in a Divorce
How to Obtain an Order for Attorney Fees From Your Spouse in a California Divorce In a California divorce, the law is designed to ensure that both parties have equal access to legal representation, regardless of who controls the family finances. If one spouse has more financial resources than the other, the Court can order… Read More »