Attorney Fees Used As Sanctions

At the Law Office of David P Schwarz we have sought for and received numerous attorney fee sanctions from the Orange County divorce Court. Please call our office if you find yourself with an opposing party who does not cooperate and delays the divorce process. Our contact number is 949 735 9266. We can also be contacted via the web or via email at dpslaw66@gmail.com.

A Divorce Lawyer will often argue in Divorce proceedings that one side is holding up the proceedings and delaying the divorce. If the Divorce Court can determine that one party is delaying the divorce proceeding and frustrating any possibility of settlement the Court can award attorney fees to the innocent party. The Divorce Court is continually seeking settlement of the issues by the parties. It is of utmost importance to the Court that both parties seek to settle the Divorce if the opportunity is present to do so.

A Divorce Attorney will either protect their clients interests in the proceedings or aggressively investigate the assets and income of the other party when Sanctions as attorney fees are on the Courts radar. The attorney fee award is used as a sanction and not as a means to divide community assets. Thus, Court must make sure they do not cause undue financial burden to the party they sanction.

The attorney fee sanction under family code section 270 is not similar to family code section 2030 attorney fee statute. In family code section 2030, attorney fees are granted on a need based showing by the party. Often, in order to make the divorce litigation fair the family law courts will give attorney fees to the other party to provide them with the ability to hire a lawyer. That way both parties can afford to hire counsel to represent them during the divorce. Under the sanction based attorney fee statute the Court does not care about the other party’s financial need to hire a lawyer. The Family law Court’s concern is only to sanction the other party.

At the Orange County Law office of David P Schwarz we have handled many family code section 271 sanctions. There are certain procedural steps that must be done in order for the Family Law Court to grant the sanctions. It is important that the party against whom the sanctions are being administered receive proper notice. There are certain forms that need to be done in order to file the correct motion with the court to request that the sanctions be awarded to a party.

A Divorce lawyer will make sure that the collection of the attorney fee sanction is against the party who the Court found to be liable for the obstruction of the divorce proceeding. The Court will take the money out of the property or income of the spouse who obstructed settlement. The Court can also take the money out of ½ community property share of that party.

At the Law Office of David P Schwarz we have succeeded in getting many attorney fee sanctions in the Orange County family law courts for our divorce clients. Please contact our office at 949 735 9266 or via the web. We can also be contacted via email at dpslaw66@gmail.com.