A court may order one party to pay the attorney fees of the other party in a divorce. The court must consider three factors: (1) whether the party receiving the payment is in need of financial assistance, (2) whether the paying party has the ability to pay for the other’s attorney fees, and (3) whether the attorney fees are reasonable. If all these factors are met, the court will order the attorney fees of the spouse who is in financial need to be paid. However, the court will not order a third party to pay the attorney fees of the disadvantaged spouse if the payor does not in and of himself or herself have the ability to pay. For example, if the payor’s parents are helping him or her pay his own attorney fees and can afford to pay the other party’s attorney fees, the court will not order the parents to make the payment.
If you need a divorce attorney in the Orange County area to discuss payment of attorney fees in a dissolution matter or any other divorce issues such as child support, custody, spousal support and property division, contact Treviño Law, Inc. Conveniently located off of the 5 and 405 freeway at Lake Forest.
Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County.
Please note that this legal advice does not establish a family law attorney-client relationship.