Can I file to have my husband pay my legal fees? 10 Answers as of February 03, 2012

You can, but it would be best if you interview experienced Family Law Attorneys in an effort to find an attorney to prepare and file that OSC, perhaps on a Limited Scope basis, to seek attorney's fees on your behalf and if the Court orders sufficient attorney's fees, you could retain the attorney on a full-scope basis. If you try to do it on your own, you may not succeed in getting an attorney fee order there are specific rules and case authorities pertaining to requests for attorney's fees which require far more than a general request in order to qualify for an attorney fee order.

You certainly can ask the Court to order that your husband pay your attorney fees. There are new forms this year that make the process easier.

Yes. So long as your husband makes enough, the court can and will order the assist with payment of fees so you can hire a lawyer.

If there is a disparity in your income to his income, than yes you can file and request attorney's fees.

Yes, there are provisions in the Family Code to request attorneys fees to allow you to retain an attorney. You should seek the help of a family law facilitator to help you put together the motion.

Yes. In fact, starting just last month, there are two new forms that make it easier to request such fees. See form FL-159 and FL-319. You should also look up California Family Code 2030 - 2032.

If there is a significant income disparity between you and your husband, there is a strong likelihood the court would order your husband to pay some amount towards your attorney fees.

Yes, you can file a motion requesting attorney fees from your husband. The court can allocate attorney fees between parties depending on the discrepancy of incomes.

Yes, in Family Court you can file a Motion seeking to have the higher income earning party pay or contribute to the lower income earning party's attorney fees and costs. Family Code Section 2030 provides, in part, the following: ""If the findings demonstrate disparity in access and ability to pay, the court shall make an order awarding attorney's fees and costs. A party who lacks the financial ability to hire an attorney may request, as an in pro per litigant, that the court order the other party, if that other party has the financial ability, to pay a reasonable amount to allow the unrepresented party to retain an attorney in a timely manner before proceedings in the matter go forward." You should consult with a Family Law Attorney. Good luck.

The Family Code allows you to ask for your spouse to pay a share of (or all) your attorneys fees depending on the income differential. Some family attorneys, my office included, will work with you in filing documents and fee waiver requests to ask the court to award attorneys fees under the CA Code. If you cannot get an attorney to take that approach with you, you can file a motion requesting attorneys fees so that you can get started on your divorce proceedings. These forms can be found on the California Judicial Council forms website.