If you cannot afford an attorney to represent you in a marriage dissolution but your spouse can afford an attorney, then you need to call the Law Offices of Frazee/Laron. Frazee/Laron will seek the payment of attorneys' fees from the spouse holding the financial means to afford an attorney. The legislative goal of Family Code Section 2030(a)(1) is to ensure that each party has access to legal representation to preserve each party's rights. As stated in a recent case, Alan S. v. Superior Court: "[T]he purpose of section 2030 is not the redistribution of money from the greater income to the lesser income party. Its purpose is parity: a fair hearing with two sides equally represented. The idea is that both sides should have the opportunity to retain counsel not just (as is the usually the case) only the party with greater financial strength."
For example, In Marriage of Smith, Case No. E047535 (4th Dist., Div. 2 June 8, 2010) (unpublished), wife and husband filed for marriage dissolution in 2001 after having two children. Dissolution proceedings showed that husband had a much higher monthly income as compared to wife. Wife claimed she had incurred attorney's fees of $85,000 compared to husband's fees of $150,000. She requested a "needs based" award (under Family Code sections 2030). Even though noting the downward trend in the economy that negatively impacted husband's income and cash flow, the lower court nevertheless awarded that the wife's fees would be paid by husband in the sum of $62,300, payable at $2,000 per month.
Last year a woman called me from a woman's shelter and asked if I could represent her even though she had no money. In time I was able to secure her a $500,000 settlement enabling her to return to nursing school and purchase a home.
-RoseAnn Frazee
