How to Request Attorney’s Fees in Orange County Divorce

In a California divorce, you can ask the court to order your spouse to contribute toward your attorney’s fees. The court considers your financial circumstances and your spouse’s ability to pay. This article explains requests based on financial need and the paperwork used to make them in Orange County.

The family law document preparation page describes preparation and filing services for these documents.

How Does the Court Decide Who Pays Attorney’s Fees?

The judge looks at each person’s income, needs, and access to money for legal representation. Having some money of your own does not necessarily prevent an award. The court also considers whether the other person can contribute and whether the amount requested is reasonable.

A higher income does not automatically mean your spouse must pay every bill. The judge may award all, part, or none of the amount requested.

How Do I Ask for Attorney’s Fees?

A Request for Order (FL-300) asks the court to decide the issue. The request should identify the amount sought and explain the financial reasons for asking your spouse to contribute.

What Forms Are Needed?

A written request based on financial need generally includes:

• FL-300, Request for Order: identifies the order you want.
• FL-150, Income and Expense Declaration: provides current financial information and required supporting documents.
• FL-319, Request for Attorney’s Fees and Costs Attachment: gives details about the requested contribution. A comparable declaration addressing the same factors may be used.
• FL-158, Supporting Declaration for Attorney’s Fees and Costs Attachment: explains the reasons supporting the request. A comparable declaration may be used instead.

Include information about the lawyer’s rates and experience, the work involved, and fees already incurred or expected. Other documents may be needed depending on the case.

What Happens After the Forms Are Prepared?

1. File the request in the court handling your family law case, following its filing requirements.
2. Arrange proper service of the filed papers on the other party within the applicable deadline, and file proof of service. Simply telling the other person about the request is not enough.
3. Prepare for the scheduled hearing and follow the court’s appearance instructions.

The other party can respond. The judge reviews the financial information and supporting evidence before deciding whether to order a contribution.

Frequently Asked Questions

Can I Ask for Money Before Hiring a Lawyer?

Yes. A request can include anticipated fees to hire a lawyer. Explain the expected cost and the work needed so the court has a basis for deciding the amount.

Can I Request More Attorney’s Fees Later?

Yes. If additional legal work becomes necessary, you can ask the court for another contribution. Additional payment requires the court’s approval.

Does a Court Fee Waiver Pay for My Lawyer?

No. A court fee waiver concerns eligible court fees and costs. It does not pay private attorney’s fees. Asking your spouse to contribute toward a lawyer is a separate request.

Does Filing the Request Guarantee Payment?

No. Filing starts the process. The judge decides whether a contribution is appropriate and how much should be paid.

For related topics, see the guide to family law documents in Orange County.

To ask about preparing an attorney’s fee request, call 714-900-2484 or submit a consultation request.