San Jose, CA asked in Divorce and Family Law for California

Q: How can I get funds for a lawyer?

I put in a request for order to have my ex pay for my lawyer for our divorce. The hearing is scheduled for 2 months after my divorce court date. What can I do? I can not afford a lawyer.

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2 Lawyer Answers
Tobie B. Waxman
Tobie B. Waxman
Answered
  • Culver City, CA
  • Licensed in California

A: File an ex parte application/request to reschedule to have the hearing date moved so you can get the fee request heard before your other hearing date.

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Under California law, if you're unable to afford legal representation for your divorce, you have several options. First, you can request a fee waiver from the court, which, if granted, may reduce or eliminate certain court fees. Second, you might consider seeking assistance from local legal aid organizations, which provide free or low-cost legal services to those in need. Additionally, some law schools have clinics where supervised students offer legal help at a reduced rate. You can also represent yourself, known as "pro se," although navigating the legal process this way can be challenging. In the meantime, continue with your request for your ex to pay for your legal fees, as the court may ultimately grant this. Lastly, always be open to negotiating with your ex outside of court, as this might result in a more favorable and cost-effective outcome. It's important to explore all available resources and options in your situation.

Also, consider Family Code Section 2030. Family Code Section 2030 pertains to California's stance on ensuring both parties in a divorce (dissolution of marriage) proceeding have access to legal representation, even if one party can't afford it. Here's a concise breakdown:

1. Family Code Section 2030 is rooted in the principle that both parties in a divorce should have equal access to legal representation to ensure a level playing field.

2. If one party is unable to afford the legal fees, the court may order the other party to cover part or all of the costs.

3. The court considers various factors when making this decision, including the income and needs of each party.

4. This provision isn't about punishing one side; it's about ensuring fairness in the legal proceedings.

5. The court evaluates the respective circumstances of both parties, ensuring that the allocation of legal fees does not result in an unfair burden.

6. It's not just limited to attorney's fees; it can also include costs for retaining experts, appraisers, and accountants in the proceedings.

7. The order is temporary and can be modified based on changes in circumstances or new information.

8. Overall, the purpose of Family Code Section 2030 is to promote fairness in family law proceedings, ensuring that both parties can adequately represent their interests.

You can and should pursue this.

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