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Can I Get My Ex Spouse To Pay For My Attorney Fees?

The cost of hiring an attorney in a divorce case can be very expensive, depending on the circumstances and complexities surrounding your situation.

Sometimes, the court will order one party to pay a portion of the attorney fees incurred by the other party, especially if one party earns more than the other; however, the family court will almost never order one spouse to pay all of the other spouse’s fees.

What can you do when you need to hire a divorce attorney but cannot afford the retainer because your spouse earns all the family income and holds the purse strings?

The problem of finding the money to retain an attorney is commonly a source of great anxiety for divorcing couples. So, how do you get an attorney to help you get through this process? Questions arise, including:

  • Can you use the funds from your joint bank accounts?
  • Can you use your joint credit card?
  • Do you need to borrow the money from a family member or friend?
  • Should your soon-to-be ex-spouse pay or contribute towards your attorney fees?

Should your spouse pay for attorney fees and costs? The answer to this question is, “it depends on the facts in your case.”

According to the California Family Code Section 2030, the court is “empowered to order the payment of fees and costs as between the parties, based on their relative circumstances (i.e. respective incomes and needs and abilities to pay) in order to ensure a parity of legal representation in the action.”

In addition, Family Code Section 1100 allows you to access joint funds before family law proceedings are actually filed. It provides that,“either spouse has the right to management and control of the community personal property.”

When a joint bank account exists, you might be wise to use some of those funds to hire your attorney before your spouse empties the account. However, it is not wise for you to take all the joint funds. Don’t appear greedy in front of the family court judge.

If you have questions regarding possible attorney fee awards in your divorce case, please contact the family law offices of Holstrom, Sissung, Marks & Anderson for the help you need. We are located in Riverside, Orange, and San Bernardino Counties.

Divorce

Divorce & Inheritance

Regardless of your current situation, a divorce can be emotionally draining, financially taxing and stressful for everyone involved.

Whether you’re on the receiving end or the giving end of an inheritance, divorce can throw a curve ball into your plans for the money. Inheritance rights can become complicated during a divorce – your spouse may be able to claim a part of your inheritance, as part of the property settlement agreement. This is where it is highly recommended to have the an experienced divorce attorney give you a clear understanding of what monies are considered marital property and should be included during the settlement agreement.

If you have received an inheritance while married, you run the risk of turning your inheritance into community property if you commingle the inherited funds or property. Commingling is the act of mixing the funds belonging to one party with those of another party. For example, placing inheritance funds into a joint account will commingle the inheritance – thus, making it marital property.

However, on the other hand, if you receive an inheritance while you’re married, it’s yours – as long as you keep it separate from marital assets.

So, if you divorce down the road and your inheritance remains separate property, the court won’t order you to give a portion to your spouse as long as you take some precautions:

  • Consult with an attorney to draw up a post nuptial agreement, for extra protection, stating that your spouse has no interest in your inheritance in the event of a divorce – make sure he or she signs it.
  • Don’t do anything with your inheritance that might make it appear that you intended to share it with your spouse. The court may consider it marital property in that case.
  • If you decide to leave your married child an inheritance, it is wise to transfer your bequest to her through a trust rather than a last will and testament.

To learn more about how you can protect your assets whether you are married or about to be, or thinking of divorce there are still options available for you to safe guard your finances, click here.

Another matter to keep in mind is that most people who are marrying do not often think about protecting themselves from their future spouses. After all, marriage is supposed to be forever. However, in California and the rest of the country, about half of first marriages end in divorce.

Dissolving a marriage brings about financial conflicts, including inheritance rights. Although this may be a very difficult time in your life, it is important to understand that an experienced family divorce lawyer can make a real difference in not only guiding you through the legal process, but also helping you secure what you deserve.

Contact the family law offices of Holstrom, Block & Parke with convenient offices in Riverside, Orange and San Bernardino Counties. We will answer your questions and address your concerns with the importance they deserve.

Divorce / Property Division

What are Preliminary Financial Disclosures?

California is a community property state when it comes to divorce.Community property includes everything acquired during the marriage, such as assets, liabilities and pensions.

An important required step in the divorce process is preparing and exchanging preliminary financial disclosures. A judge will not grant a divorce without this information.

California law requires each party to fill out preliminary financial disclosure form FL-150, Income & Expense Declaration, and FL-142, Schedule of Assets and Debts which identifies all separate property and community property.

These forms are important because they help the parties and the court to identify the entire community estate. By preparing a preliminary disclosure, you disclose your financial situation – what you owed and owned with your spouse. Even though they may look easy to fill out, they are filled with legal complexities.

What happens if you or your spouse intentionally refuses to list all assets and debts? Negligent omissions of assets and debts, including separate property, can lead to devastating results for both parties. For example, you can lose out on your share of a community asset.

Never assume that any asset in your name alone, regardless of when it was acquired, is your own separate property.

Another consequence of not disclosing all assets and/or debts is possible court punishment to the guilty party.

According to California Family Code Section 2100(a), (b), (c) and 2120(a),“California law recognizes the vital importance of full and accurate disclosure of assets, liabilities, and financial circumstances at the early stages of a marital action in order to ensure a proper division of the community estate and fair and sufficient child and spousal support awards”.

If you would like assistance in completing your Preliminary Declaration of Disclosure forms or with any family law issue, please contact the family law offices of Holstrom, Sissung, Marks & Anderson, located in Riverside, Orange and San Bernardino Counties.

We are committed to providing you with the information you need to make informed decisions about your divorce and your family needs. We are here to protect you.

Property Division

Report Child Abuse & Neglect

In order to help an abused or neglected child you must first recognize the signs of child abuse and neglect.

A single bruise is not always a sign that the child has been abused. Take a look at the following possible signs and see if you recognize any of them on a child you know:

  • Lacks adult supervision
  • Changes in behavior at home and school
  • Medical conditions go untreated
  • Hard time concentrating
  • Always looking around and over his or her shoulder
  • Gets to school early, stays late and does not want to go home

If you suspect your child or a child you know is being abused or neglected, report it to authorities immediately.

Any child who is being abused or neglected needs to be removed from home, and given the chance to live in a loving non abusive alternative. The parents of the child will lose their parental right, guardianship is then awarded to a family member, or the child is taken to CPS and placed with a foster family.

Having a Family Law attorney can help get everything organized, there can be one assigned to the child directly, at times this attorney s given guardianship of the child, serving two roles, ultimately the goal is to ensure the child has a safe home preferably with another family member, going to school, therapy is recommended also.

If any child is ever abused or neglected make sure that they are represented by a Family Law firm that understands the sensitivity, and traumatic this can be for any child. At Holstrom, Block & Parke, our attorneys have the experience, and the resources needed to ensure every child suffering abuse or neglect is safe again. Holstrom, Block & Parke Family Law Attorneys protect the rights of all children.

Contact Riverside’s top child attorneys, providing legal service for all children and providing loyal, confidential, and competent aggressive representation. Call us for a free no obligation consultation.

Child Custody

When Your Child Has An "Absent Father"

How do you handle the situation when your child asks where his or her daddy is? What do you say when your child’s father does not want to be part of the family? How can you answer your child’s questions?

Tell your child the truth but no more than they need to know at the time. You could say that he was so young and not ready to be a father. Maybe he lived too far to get involved. Or, he could have needed time to deal with issues on his own. These reasons do not justify his choices; they simply tell your child that his decision had nothing to do with the child.

Try to always remain positive. Sometimes, it’s hard, but a positive and upbeat attitude will get you through a lot. Tell your child over and over again that you love him or her and always will – no matter what they do or what life brings to them. Be patient.

Finally, it is important to share any good memories you have with your child about his or her father. Try not to bad-mouth him – don’t try to turn your child against his or her father. You never know – he could resolve his issues and show up down the road.

You cannot change the fact that your child’s father is not in the picture, but you can always assure your child of the love you have for him or her and that you are not going anywhere – you will always be there for your child.

There are resources, if you have questions about parental rights and custody matter when dealing with an absent father, or maybe you want to get child support, the law offices of Holstrom, Block & Parke Family Law & divorce attorneys can help answer all your questions. We understand the challenges that come with being a single parent, speak to one of our attorneys and get guidance you need, we will be there every step of the way.

Parental Rights

Does Your Divorce Attorney Have Family Law Experience?

Three Things To Keep In Mind:

Did you know that there are, on average, four divorces filed every minute in the U.S.? It’s no surprise that many people end up needing a divorce lawyer in these cases. Divorce can be adifficult emotional and financial period to begin with, and disagreements regarding money, property or children can only add to the legal confusion. If you are currently going through a divorce, there are three things you should keep in mind.

  • What do Family Lawyers Do?

When you’re getting a divorce, many people will probably recommend hiring a family lawyer. This is because family attorneys deal with many aspects of law that come up during divorce cases, including alimony, child custody, and child support. According to Rutgers University, 60% of divorces involve children. Hiring a family lawyer can be a good idea because their entire caseload will be situations like yours; they will be experts in the field. What you don’t want is a lawyer who has little experience handling the complexities of family law.

  • The Cost of a Divorce Lawyer

If you’re Madonna divorcing Guy Ritchie, your divorce will cost you $75 million. For the average person, though, the cost of a divorce will usually add up to several thousand dollars, which comes from attorney fees, mediation, and court costs, not to mention any divisions of assets or child support fees that might occur. Typical hourly rates for attorneys will run anywhere from $100 to $1,000, so it’s in your best interest to get things settled more quickly than not.

  • Questions to Ask a Divorce Lawyer

When you’re in the processing of choosing an attorney, it’s important to ask questions about how the divorce process will go. Talk to them about your expectations for the case- not only about what you’ll get out of it, but what you’ll probably have to give up, and how long you should expect it to last. Ask what percentage of their practice deals with family law- move on if their legal focus is largely elsewhere. Make sure you understand how they will bill for time- if you make a call or send an email, how does that work into your bill?

If you are ready to file for divorce, start your search for an attorneywith the law offices of Holstrom, Block & Parke experienced in family law and divorce law. We provide a personal service to all our clients, we know its a very emotional process and we have the tool necessary to ensure you get through the process with the best possible outcome protecting your rights and your life after divorce. Call us today at one of our many law offices in southern california or visit us online, you can fill out our contact form.

Divorce

Adoption vs. Guardianship

There are major differences in the rights and responsibilities between being a guardian and fully adopting a child.

While one gives an individual the responsibility to act as a temporary parent of a child, the otherpermanently relinquishes the rights and responsibilities of a child’s biological parents.

It is important to understand these differences if you are considering either one of these legal processes because the smallest mistake can completely change a child’s life.

In a Guardianship:

  • The biological parent is still afforded parental rights and are allowed contact with the child
  • If the parent becomes capable of caring for the child again, a guardianship can be terminated
  • The court can require supervision of guardians

A legal guardian assumes all responsibilities that a parent would have, including providing financial and emotional support for the child and consent to medical treatment if necessary – in addition to all the basic necessities required to survive on a day-to-day basis.

In an Adoption:

  • The biological parent’s rights permanently end
  • The relationship between the adoptive parent(s) and child is permanent
  • The law regards the adoptive child as it would a biological child of the family
  • The adoptive child is eligible to inherit from the adoptive parent(s)
  • There is no court supervision over adoptive families

With the adoption process, both legal custody and legal responsibilities are transferred from the biological parents to the adoptive parents. The biological parents of the child lose all of their rights and responsibilities.

The most important difference between guardianship and adoption is that guardianship can be temporary and is often reevaluated periodically to ensure the child’s best interests are being taken care of, while adoption is a permanent legal transference of custody.

If you have questions regarding either one of these processes, contact the family law offices ofHolstrom, Block & Parke. We are experienced and knowledgeable in child custody cases and can guide you through the adoption or guardianship process while ensuring that your legal rights are protected. We are committed to fighting for you.

Call us today at one of our offices located in San Bernardino, Riverside, or Orange County or, contact us online.

Child Custody / Child Support

Adopting A Baby

What You Should Know About Adopting A Baby:

Adopting a child is a wonderful, life-changing experience.

Some couples want to help a homeless child find a nurturing home while others have the need to raise a child.

Did you know that there are approximately 650,000 children in out-of-home placement in the United States? About 20 percent are available for adoption – some with special needs. Unfortunately, many adopting parents are unaware of the existing or potential problems an adopted child brings with him or her to their new home.

Being unprepared to raise a special needs or high-risk child unnecessarily drains resources and adds a lot of stress on the family. While most adoptions go well, some do not.

Many children up for adoption have been traumatized by their birth families or foster care families. Too often adoptive parents are told, “All this child needs is love and everything will be fine.” This is not always true.

Every parent, biological or adopted, should know as much as possible about the attachment process – the life-long impact it has on children. It is one of the fundamental processes necessary for survival and care-giving. It’s a process that enhances the safety and security of an infant in getting his or her needs met.

To improve your chances for a successful adoption, you need to be as fully informed and prepared as possible. Read all you can on the subject and ask every question you have. This is a major decision not only for you but also the child you bring home.

Being a parent is one of the most enriching experiences in life. And, though the job is often all-consuming and demanding, it certainly can expand your capacity for love and fun in ways you never imaged.

If adoption is something you are thinking about, contact the family law offices of Holstrom, Block & Parke. While many other areas of family law see the attorney helping in the breakup of a family, adoption allows an attorney to create or expand families.

Our attorneys understand that children and family are what matters most in people’s lives. Contact us today – let us help you expand your family.

Adoption / Parental Rights

I Miss Seeing My Children

You’re going through a divorce and your life is a total mess now – filled with a lot of stress and emotions. However, the one great thing that came out of your marriage is your children – now, for all practical reasons, they too are gone.

When you go through a divorce, you not only have to deal with the emotional trauma of splitting with your spouse, but you have to cope with losing the day-to-day relationship you have with your children.

Sometimes couples stay together because the dad can’t stand the idea of becoming separated from his children. Do I have to tell you how unhealthy it is to stay in a relationship where you and your spouse are destroying one another?

When you’re a parent going through a divorce, your number one priority often lies with how your children’s lives will be changed.

After a divorce, children are typically sent back and forth between their mother’s and father’s homes. The actual time varies, depending on the type of custody that was awarded in a court order.

In case you aren’t aware, you have a legal right to have a meaningful relationship with your children – even if you are no longer with their mother.

Are you a dad who is having trouble seeing your children since your divorce? Is your ex-spouse using your children as a means to punish you for leaving? Has your ex become so hostile that she’s only allowing you to see your children every other weekend – sometimes less?

Your ex might think she is justified to do this because you left, but she isn’t. You’re still paying child support – never stopped paying child support – but you want to see your children as often as possible.

What about if your ex decides to move away? About 20 percent of custodial mothers find an excuse to do just that – leaving the father to see his children only a few times a year. You end up being the father who had daily close contact with your children to a father who is out of the loop with your children.

It’s in the children’s best interests to have both parents present during their lives, but sometimes personal disagreements can get in the way of this. We have seen many parents use their children as pawns simply to get back at the other parent. This is unfortunate because not having a relationship with a parent can affect the child’s life.

Do you find yourself in this situation? If so, contact the Family Law offices of Holstrom, Block & Parke.Our firm can help preserve your rights and make sure your children do not miss out on having a relationship with their father.

We are conveniently located in Orange, San Bernardino, and Riverside Counties. Call our offices for a free consultation to discuss your case with us.

Child Custody / Divorce

Children After A Divorce

The care, stability and protection of your children are critical issues involved in every divorce case.

When two people are married and have children, they both share the custody and responsibility of raising these children. However, if the same two people divorce, the custody of their children is divided. The time shared can be split 50/50, 60/40, or another way. The parties can agree to a time-share or can allow the court to determine one, based on the best interests of the children.

When the court makes the determination, it looks at numerous factors, including who took care of the children most of the time, who took them to school and helped them with school work, who took them to the doctor and dentist, and who cooked for them.

The care of the children after a divorce is the most ongoing source of conflict for parents. Courts, most of the time, will honor a custody agreement reached by the parents. However, if they cannot come to an agreement, the court will request the parents to participate in a mandatory mediation session. If they still cannot agree on custody, the court will do so for them.

There are several types of custody arrangements:

  • Physical custody – gives the parent or both parents the rights and responsibilities for the daily activities of their children. The children live with the parent or parents who is awarded physical custody.
  • Legal custody – gives the parent or both parents the rights and responsibilities to make major decisions regarding their children’s upbringing – including medical care, education, religion, and day-to-day activities.
  • Joint custody – Under California Family Code Sections 3080 through 3089, both parents can be awarded joint legal custody and joint physical custody. Joint custody allows both parents to share the responsibility for making major decisions. They must be able to work together.
  • Visitation – The most common schedule allows the non-custodial parent to see his or her children one night during the week, every other weekend, and part of the summer vacation.
  • Holidays and special dates usually alternate between the parents.

California courts most of the time favor joint legal and joint physical custody. It is best for both parents to be completely involved in the upbringing of their children; it is best for the children as well.

Custody is addressed throughout the divorce process in the following ways:

  • Temporary hearing – The court issues an order regarding the legal aspects of the relationship between the two parties. It will issue a temporary custody solution if one hasn’t been agreed on.
  • Mediation – is required if there are conflicts regarding the arrangement. The mediator meets with the parents and children several times and helps resolve the issues the family is facing. The mediator then sends a report to the court with custody recommendations
  • Evaluation – by a court-appointed psychologist is ordered if an agreement cannot be reached prior to trial. The evaluation includes discussions with the parents, children and teachers. It must be completed before the court enters a final custody determination.
  • Trial – Final custody arrangements are determined at the trial – based on the best interests of the children.

If a parent wants to change the court-ordered custody and visitation agreement, he or she must show a significant change in circumstances has occurred before requesting a custody modification.

When faced with uncertainties, an experienced family lawyer will give you the personal attention you need at a stressful time such as this. Call the Family Law offices of Holstrom, Block & Parke, located in San Bernardino, Riverside, and Orange Counties.

As experienced family attorneys, we always remind parents to focus on being the best parent possible. We will make a commitment to you and help you take positive steps towards the future.

Child Custody

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.