Can My Spouse Make Me Pay for the Cost…

July 9, 2018August 13, 2020
by Angie

If you’re like many people, you’re wondering, “Can my spouse make me pay for the cost of a divorce?”

In fact, a lot of people – particularly those with a non-working spouse or one who makes far less than the other – ask us the same question.

Can My Spouse Make Me Pay for the Cost of Divorce?

In some cases, the court can order you to pay the cost of divorce for your spouse, but it’s not always reasonable. Sometimes one spouse asks the court for a “need-based fee award,” which is the primary option for most people. In other cases, the court orders one party to pay the other’s legal fees as a type of penalty.

What is a Need-Based Fee Award?

Under California law, the courts are allowed to order one party to pay for the other’s legal fees during divorce. The law says:

“In a proceeding for dissolution of marriage, nullity of marriage, or legal separation of the parties, and in any proceeding subsequent to entry of a related judgment, the court shall ensure that each party has access to legal representation, including access early in the proceedings, to preserve each party’s rights by ordering, if necessary based on the income and needs assessments, one party, except a governmental entity, to pay to the other party, or to the other party’s attorney, whatever amount is reasonably necessary for attorney’s fees and for the cost of maintaining or defending the proceeding during the pendency of the proceeding.”

In order to make this determination, the court has to look at each party’s ability to pay, which includes each person’s assets, current income, investments and more. The court will limit the amount to what’s reasonably necessary to reach a fair, equitable settlement.

Courts can also award reasonable costs related to the case, such as those that pay for accountants, appraisers and other experts.

If your spouse has applied for a need-based fee award, your attorney will help preserve your rights during your divorce.

When the Courts Order One Party to Pay the Cost of Divorce as a Penalty

The court’s primary interest in a divorce case – other than looking out for the best interests of the children, if you have them – is to get the proceeding over with as quickly and simply as possible. Sometimes, though, one spouse tries to prolong litigation in an effort to “wear out” the other spouse or ends up trying to use the legal system as a means toward revenge.

When that happens, that party’s legal fees go up with every frivolous request or document filed with the court – and it’s not fair to them at all. Sometimes in situations like these, courts order the other party to pay court costs and legal fees (or at least a portion of them). It’s a way of punishing the party that’s acting in bad faith as well as helping the party who’s not doing anything wrong. It’s also an incentive to make sure you’re not the one acting in bad faith.

Is Your Spouse Demanding You Pay for the Cost of Divorce?

If your spouse is demanding that you pay for your divorce, or if he or she is unnecessarily dragging out the case, you may want to call us at (209)546-6870 to schedule a consultation with California divorce attorney Anna Maples today. We’ll ask you questions about your case and start building a strategy that gets you the best possible outcome.

Divorce

The First Step in Divorce: Filing a Petition for…

February 22, 2017June 8, 2020
by Anna Maples

Before you can begin the divorce process, which includes negotiating property division, child custody, and, in many cases, spousal support, you must first file a petition for dissolution.

What is a Petition for Dissolution?

A petition for dissolution is the first step in any divorce proceeding in Stockton or elsewhere in California. When your divorce lawyer files the petition, the court will assign you a case number and stamp it on the document. Once this happens, you officially have an open divorce case.

Remember, though: filing a petition for dissolution is not the same thing as a summary dissolution (that’s an expedited form of divorce that not everyone qualifies for).

What’s Included in a Petition for Dissolution?

The petition for dissolution needs to include quite a bit of information. Your contact information, the court’s name and mailing address, and details about the legal relationship you’re dissolving are all required.

The petition also includes other important information, including:

Your date of marriage or the registration date of your partnership
Whether you have children, and if you do, how old they are
Your custody plan (whether you intend to share legal and physical custody, and which parent will get visitation)
Child support and spousal support information
Information about your separate and community property
Whether you have other requests, such as changing your or your spouse’s last name or whether one person should be responsible for the other’s legal fees

Simply writing something on the petition for dissolution doesn’t mean the judge is automatically going to grant your request. Some things, such as child custody, are contentious issues that may require more thought than checking a box on a pre-made form.

Does it Matter Who Files the Petition for Dissolution?

On a personal level between you and your spouse, the one who actually files for divorce may look like “the bad guy.” While that’s not true, it can feel like it — and that causes many people to wait to file for divorce, even when they know the marriage is over.

Legally speaking, there may be an advantage to being the one who files the petition for dissolution in a California court.

If you file first, you’re the petitioner. If your spouse files first, he or she is the respondent.

Venue for Your Divorce Case

In some divorce cases, jurisdiction is important (such as when one party to the divorce lives in Stockton and one lives in Modesto). If you file for divorce in San Joaquin County, chances are good that this county will have jurisdiction over your case.

Serving the Petition and the Divorce Summons

After filing the petition and some of the other documents necessary to complete a divorce in the state of California, your attorney will most likely hire a registered process server to deliver the documents to your spouse.

This delivery is commonly referred to as serving.

For the most part, it’s not a good idea to serve your spouse (or to ask family or friends to do it) these documents yourself. This helps protect you and ensures that the papers are served exactly in the way the law requires.

Do You Need to Talk to a Family Law Attorney in Stockton?

For most people, it makes sense to work with a skilled team of family law attorneys in Stockton, CA. In addition to providing you with case-specific legal advice (no two cases are the same, so there’s no one-size-fits-all answer for divorce), your lawyer will go to court and fight hard for your rights as a spouse and as a parent if necessary.

Your attorney will also be there when you have questions, fill out and file all the appropriate paperwork, and get you the best possible outcome during this difficult time.

If you need to talk to a family law attorney in Stockton, call us at 209-910-9865 for a free divorce case review. We’ll evaluate your situation and provide you with the legal advice you need right now — and we’ll help you start moving forward with your life.

Tag: <span>Divorce Case</span>