Legal Question in Family Law in California

Payment of attorneys' fees

My husband and I are divorcing after 23 years. Although I remain an unemployed, stay-at-home mom (for 22 yrs.), I do have SOME money in the bank.

Must I pay for my own attorney with my personal, separate savings, or can my husband be made to pay for MY attorney as well as his? Without having an income yet, I'd like to hold onto as much of my savings as I can. Until I can find employment, I figure I'll need it to supplement the proposed amount of spousal support just to make ends meet.

Also---my husband insists that our house (where I live with our adult daughter who cannot support herself yet) MUST be sold NOW in order to pay BOTH attorneys, and that MY attorney's fees must come from MY share of the equity. Is this true?

I'm a nervous wreck over this, and would appreciate any information you can provide.


Asked on 6/07/06, 9:35 pm

4 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Payment of attorneys' fees

The answer to your question depends upon the large number of facts, including how much money you have saved, the source of these savings, and other questions about finances. With the amount of money involved in your case you should have an attorney representing you to protect your interest in the assets of the community. The question of who pays the attorney fees will be answered through the course of the divorce group.

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Answered on 6/08/06, 12:25 am
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Payment of attorneys' fees

First off, you have what is called a long term marriage. If you have been a stay at home mom for 22 years, you may be entitled to spousal support (Alimony) for life.

You can request that your husband pay your attorney fees. But you will need money to retain a lawyer initially.

With respect to support of your adult daughter, child support ordinarily ends when they reach majority, which is 18 years of age, unless they are still in High School when they turn 18.

You do not need to listen to and/or be under the control of your husband anymore. Retain a lawyer. My law firm is running a special right now; $999.00 initial retainer and $150.00 per hour for family law cases. Go to our family law website at www.los-angeles-divorce-lawyer.net to find out more information.

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Answered on 6/09/06, 10:25 am
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Payment of attorneys' fees

In a general sense, what you describe as your money in the bank may be community property funds, and if so, to the extent you use community property funds to retain your legal counsel, your spouse is already paying half of your attorney fees.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 6/08/06, 11:35 am
KATHIE SIMMONS KATHIE SIMMONS

Re: Payment of attorneys' fees

Your adult child may be entitled to child support if she is disabled. If you are staying home to care for a disabled adult child you may avoid having to seek employment but some kind of evaluation of your ability to work may be in order. The decision about whether or not to sell the house is one that can wait. You both should consider using a mediator or collaborative attorney's before you get into an expensive battle. Sadly, many divorce attorneys want thousands of dollars just to take your case and will continue to litigate until you are broke.

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Answered on 6/08/06, 1:54 pm


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