Attorney Fees
The question of who is responsible for paying attorney fees frequently arises. In most dissolution cases, this answer is often simple - each spouse pays their attorney out of the community's assets. Essentially, this means that each spouse pays for half of the total fees.
If one spouse controls the family's money, the other spouse may be entitled to ask the court for attorney's fees pendente lite. This means that the court may order fee payments to the other lawyer at the beginning of the divorce. This situation is quite common despite the many unique circumstances of each case. It is highly recommended to discuss this with your attorney, as his or her prior experience in the situation may provide plenty of helpful suggestions.
If dissolution is not involved, such as in cases of child support enforcement and modifications, attorney fees can sometimes be available. The trial court often makes this decision at its own discretion. However, it is generally noted that the worse the party's behavior, the more likely the court will impose fees upon them.
Codes
Family Code §270 Family Code §271 Family Code §272 Family Code §273 Family Code §274 Family Code §2030
Cases
