If you do not have the money to hire a skilled divorce attorney in your family law case, but your spouse does, a court may award you a reasonable amount of money from your spouse in order to retain an attorney.
Normally, the court has considered each party’s gross monthly income to determine whether or not attorney fees should be awarded. However, in a recent appellate decision, the court ruled that an equitable distribution of legal expenses cannot, by definition, leave one side so disadvantaged as to not be able to afford representation. Rather than basing attorney fee awards solely on the parties’ income, the court stated that a number of factors should be weighed, including:
- the parties monthly expenses;
- the parties net cash flow;
- income from a new spouse; and
- unreported income
An experienced family law attorney in California at Wallin & Klarich can help you determine whether attorney fees are appropriate in your case and help you level the playing field. If you would like to set up an appointment with one of our attorneys, just call 1-888-280-6839 for more information.
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