Legal Question in Family Law in California
Who pays for my attorney?
I was just served with divorce papers after being estranged from my husband for 6 years. I have heard that he must pay for a lawyer to represent me. Is that true? He makes much more than I do and he has a lawyer.
2 Answers from Attorneys
Re: Who pays for my attorney?
Yes, you can usually get a court order that he pay your attorney.
Ken Koury
Kenneth P. Koury, Esq.
5807 Topanga Cyn Blvd., Suite G-201
Re: Who pays for my attorney?
No, it is not correct that he must pay for your attorney. It is
true that the court may grant orders directing one party to pay some (and
occasionally all) of the other party's attorney's fees. The difference in
income is one factor the judge considers. The judge will also consider whether
you can afford an attorney without assistance, either from income or assets.
Only rarely do court awards of attorney's fees cover the entire cost of the attorney.
Even more rarely does a court award these fees in advance, or as they are incurred. You should
expect to have to pay some, or all, of your attorney's fees, potentially subject to
reimbursement.
Jed Somit
Jed Somit, Attorney at Law
1440 Broadway - Suite 910
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