If one party cannot afford an attorney in a dissolution case in California, a trial court has the discretion to order the other party to pay all of the attorney fees in a case. The parties, however, can waive their right to future attorney fees in a marital settlement agreement. Parents of minor children, however, cannot waive their statutory right to receive attorney fees for future custody litigation. Appellate courts have held that it is against public policy to limit the court’s jurisdiction to award attorney fees based upon need when the best interests of a minor child are at issue.
If you need a divorce lawyer in the Orange County area to discuss a family law matter such as child support or any other dissolution issue such as spousal support, custody, transmutation or property division, contact Treviño Law, Inc. Conveniently located off 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. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.
4/10/12
