Asked on Feb 03rd, 2012 on Child Custody - California
More details to this question:
My husband can afford an attorney, but I can't. Can I go in and file an OSC to have my husband pay my legal fees so I can also hire a family law attorney for a divorce?
Yes, there are provisions in the Family Code to request attorneys fees to allow you to retain an attorney. You should seek the help of a family law facilitator to help you put together the motion.
Yes, in Family Court you can file a Motion seeking to have the higher income earning party pay or contribute to the lower income earning party's attorney fees and costs. Family Code Section 2030 provides, in part, the following: ""If the findings demonstrate disparity in access and ability to pay, the court shall make an order awarding attorney's fees and costs. A party who lacks the financial ability to hire an attorney may request, as an in pro per litigant, that the court order the other party, if that other party has the financial ability, to pay a reasonable amount to allow the unrepresented party to retain an attorney in a timely manner before proceedings in the matter go forward." You should consult with a Family Law Attorney. Good luck.
The Family Code allows you to ask for your spouse to pay a share of (or all) your attorneys fees depending on the income differential. Some family attorneys, my office included, will work with you in filing documents and fee waiver requests to ask the court to award attorneys fees under the CA Code. If you cannot get an attorney to take that approach with you, you can file a motion requesting attorneys fees so that you can get started on your divorce proceedings. These forms can be found on the California Judicial Council forms website.
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