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 them to contribute to the other’s attorney fees. This concept, known as “parity,” ensures that a case is decided on its merits rather than on who has the deeper pockets.

At the Galen Gentry Law Group, we understand that the cost of litigation is a primary concern. With over 30 years of experience in Los Angeles County courts, we help our clients secure the resources they need to litigate their cases effectively.

Understanding Family Code Section 2030: Levelling the Playing Field

The legal authority for a fee contribution is found in Family Code Section 2030. The purpose of this law is not to “reward” one side or “punish” the other; rather, it is a matter of public policy to ensure that both spouses can afford competent legal counsel.

When deciding whether to grant a fee request, a judge evaluates three primary factors:

1. Income and Needs: The respective financial standing of both parties.

2. Access to Funds: Whether there is a significant disparity in the ability to pay for a lawyer.

3. Ability to Pay: Whether the higher-earning spouse can realistically afford to cover legal representation for both sides.

The Court has broad discretion in these matters. They may order a partial contribution or require the higher-earning spouse to pay the entirety of the fees.

The Criteria for a “Reasonable” Award

To determine what amount is “reasonable,” the Court looks at the financial resources available to both the applicant and the payor. Under Family Code § 4320, the judge may also consider factors similar to those used in determining spousal support to ensure the award is equitable and sustainable.

How to File for a Fee Contribution

Obtaining an order for attorney fees is a formal process that requires specific documentation:

1. Request for Orders (Form FL-300): This is the primary motion where you describe the amount requested and the facts supporting your need.

2. Supporting Declaration: A detailed statement signed under penalty of perjury explaining why the fee contribution is necessary for your case.

3. Income and Expense Declaration (Form FL-150): This document provides the Court with a clear picture of your current financial situation.

You can file this request at the beginning of your case (along with your Petition or Response) or at any point during the divorce process if financial needs change.

The Legal Process and Service

Once the Request for Orders is filed and the $90.00 court fee is paid, the Court clerk will provide a hearing date. You must then serve the following on your spouse (or their attorney):

• A copy of the filed Request for Orders and Income and Expense Declaration.

• A blank Responsive Declaration (Form FL-320).

• A blank Income and Expense Declaration (Form FL-150).

After service is complete, a Proof of Service (Form FL-330 or FL-335) must be filed with the Court to confirm that the other party has been properly notified.

Why Trial Experience Matters in Fee Requests

Not all attorney fee requests are granted. To win a contested fee motion, your lawyer must present a compelling case that justifies the necessity of the funds. This is where experience makes the difference.

Galen Gentry’s unique sales proposition is his extensive trial experience. While many family law attorneys avoid the courtroom, Mr. Gentry has conducted over 43 family law trials. This deep litigation background allows him to anticipate how judges in Los Angeles and surrounding counties will react to specific financial arguments, ensuring your request is backed by a trial-tested strategy.

Schedule Your Free 30-Minute Strategy Session

Don’t let financial disparity prevent you from receiving the representation you deserve. Put 30+ years of AV-rated legal experience in your corner.

Contact Galen Gentry today to schedule your free 30-minute strategy session or call (310) 282-7521.