Legal Question in Family Law in California
Marital Settlement Agreement Provisions
My spouse hired an attorney in what was supposedly a mutual consent/cooperative divorce. I am representing myself as respondent in pro per in San Mateo County Family Court.
Her lawyer has included a legal fees provision in the Marital Settlement Agreement which stipulates that I am to pay for half of her legal fees = $10K.
She claims that this is common practice and the court routinely awards such fees in cases where one person is unrepresented and one lawyer does all the legal work.
Is that true? I think in my case she is overreaching to say the least.
What about all the work I have done, no thanks to her? I have filed all the required responses and document disclosures with the Court same as she has thus far. The last thing to do now is document the terms of the MSA and sign off on the deal.
If it's true i'll have to pay her fees, then it seems to me I'd be better off to secure my own representation. Hopefully, with someone who would be biased to further my case, rather than hers.
1 Answer from Attorneys
Re: Marital Settlement Agreement Provisions
The court awards the fees where one party's income is much less than the other party's income. It is in the court's discretion. You should consult a lawyer to review the MSA before you sign.
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