Legal Question in Family Law in California

I want to know in California, My ex is divorcing me, we are doing our settlement and trying to do this amicably. her attorney is asking me to pay 1/2 her attorney fee's. Do i have to? She divorcing me, Why would i have to pay 1/2 the fees for my ex to divorce me? I had an attorney and lost him cause i cant afford his fees any longer .....HELP.....trying to finish my response and stay out of a trial.....thank u....


Asked on 8/02/10, 5:03 pm

2 Answers from Attorneys

Rhonda Ellifritz Law Offices of Rhonda Ellifritz

Not really enough to answer you, because the award of attorney fees depends on several factors. Who divorces whom has less to do with it than the relative assets and earnings of each party. I will say that you should at least have an attorney go over the settlement with you to make sure you are not being taken advantage of. You may think you cannot afford it, but believe me, this is something that could affect you long term. It would be worth having someone at least review it.

Read more
Answered on 8/09/10, 12:36 pm

Attorneys fees are allocated on ability to pay. If there is an unequal ablity to pay, then the court will award them. If both parties are equally unable to pay or equally able to pay, then the court will not. You are being taken advantage of by the attorney most likely. But you will not have a chance at trial without your own attorney. So it may be cheaper to just give in than fight, as long as you insist on being penny wise and pound foolish by representing yourself against an attorney on the other side.

Read more
Answered on 8/09/10, 11:43 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California