You might be tempted to handle your divorce or other family law matter yourself, without counsel, due to financial considerations.  There are provisions in the law that allow you to ask the other party to pay for your fees or contribute to your fees.  Hiring a skilled and experienced lawyer to represent you in your family law matter is one of the most important financial decisions you can make.

Access to Legal Representation

There are provisions in the Family Code you can utilize to ask the Court to order the other party to pay your fees or make a contribution toward your fees so that you have the ability to have a lawyer during your divorce.  The California Family Code contains provisions wherein the Court is to ensure that each party has access to representation by a lawyer to preserve each party’s rights.  The Court does this by ordering one party, if necessary, based on the needs and income of the parties to pay to the other party, or the other party’s attorney, whatever amount is reasonably necessary, for attorney’s fees and costs of maintaining or defending the action while the action is pending.  When a party requests that the Court order the other party to pay the requesting party’s fees, the Court must make findings whether an award of fees and costs is appropriate, whether there is a disparity in access to funds to hire an attorney, and whether one party is able to pay for the legal representation of both parties.  If the findings demonstrate there is a disparity in access to funds and that the non-requesting party has the ability to pay, the Court must make a fee award. The Court can order attorney’s fees and cost be paid from any type of property, whether community or separate.

Top Ten Reasons to Hire An Experienced And Skilled Family Law Lawyer

There are many disadvantages in choosing to represent yourself in your family law matter as opposed to hiring a skilled and experienced family law lawyer represent your interests every step of the way. Here are the top ten:

• A lawyer’s duty is to the client; to advice and counsel you and protect your best interests every step of the way; self-represented litigants do not have the benefit of obtaining advice from the Court; the Court cannot give you advice.
• A skilled and experienced family law lawyer will have training and experience in the field, whereas this may be a new encounter for a self-represented litigant, who will be held to the same standard as lawyers.
• Having a lawyer puts you on an even playing field with your spouse, particularly if your spouse is represented;
• A skilled and experienced lawyer can provide objectivity, something that may be hard to see for self-represented litigants;
• A skilled and experienced lawyer will have knowledge of the law, the nuances in the law, and how to best apply the law to your case;
• A skilled and experienced lawyer is skilled in the art of persuasion; making the best argument for your case based on the law and the facts;
• A skilled and experienced family law lawyer is skilled in the art of negotiation, which will be beneficial to resolving your case outside of court;
• A skilled and experienced family law lawyer is skilled in rules of evidence and courtroom presentation and will know how to get testimony or documents received in evidence by the Court, and will also know how to properly object to evidence the other party tries to present;
• A skilled and experienced family law lawyer will have familiarity with the judicial process, the Court, the opposing counsel and/or firm which would be helpful in advising you as to the best course of action given the dynamics of your case;
• A skilled and experienced family law lawyer is your advocate; someone who has your best interests in mind.

Key Takeaway!

Choose wisely. Choose to be represented. Having a skilled and experienced lawyer on your team is invaluable. It will take stress off of you and ensure you are educated regarding the process, the law, your rights so that you can make the best decisions for you and your family during the process.  Bohm Wildish & Matsen, LLP’s Family Law Group has experienced and skilled family law lawyers. We are here to assist you to ensure that you are in skilled, experienced, and professional hands.  Give our strategic consultation a try and call us at (714) 845-7553 Orange County, San Diego County,  Riverside County and San Bernardino County, and (310) 775-2470 Los Angeles County, or visit us at Bohm Wildish & Matsen Family Law Group, 600 Anton Blvd, Ste 640 Costa Mesa, CA 92626.