June 10, 2009 By Paul Wallin

California has a unique family law statute, California Family Code Section 271, which was instituted to promote cooperation between divorcing parties. Specifically, it allows judges to levy ‘sanctions’ against parties whose conduct might frustrate the discovery process, reduce litigation costs or lead to settlement of litigation.

California Family Code Section 271, in part, states:

“the court may base an award of attorney’s fees and costs on the extent to which the conduct of each party or attorney furthers or frustrates the policy of the law to promote settlement of litigation and, where possible, to reduce the cost of litigation by encouraging cooperation between the parties and attorneys.”

This statute, which is unique to California, allows a Los Angeles divorce attorney who feels that the opposing party in a divorce is not adhering to California’s rules of discovery, which require voluntary disclosure, to file a request to have their client’s attorney’s fees paid by the other party. In order to obtain an award under this section, the party requesting an award of attorney’s fees and costs is not required to demonstrate any financial need for the award.

California divorce Law is some of the most complex and unique in the nation. Without the experience of a skilled California divorce lawyer taking advantage of all of the legal options available to you becomes very difficult. Further, if your soon-to-be ex-spouse has contracted the services of an experienced divorce attorney, you may find yourself at a severe disadvantage in a contentious divorce.

At Wallin & Klarich, we’ve handled hundreds of divorces. We understand that we see clients at a difficult time in their lives; that’s why we’re dedicated to getting the best possible outcome for each and every one. With 16 attorneys serving 33 offices in five Southern California counties, you can count on us to provide personalized service. To discuss your case with us, call us today at 888-749-7428.

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