To Introduce Fairness to California Divorces, Lawmakers Passed Family Code 2030
San Diego, CA – Divorce in the state of California is designed to be as fair as possible to both parties. Before January 1, 2012, this wasn’t always the case. That was the date Family Code Section 2030 was introduced into law. Today, thanks to the family law code, divorced partners can enjoy more fairness as they move on with their separate lives.
What is Family Code 2030?
This code is designed to bring fairness to the divorce process by allowing both husband and wife to have equal access to family courts through legal representation. The code not only applies to divorce, but also to annulment and legal separation, along with any post-judgment family law matters that may be related to those three types of actions.
According to San Diego family law attorney John Griffith of Griffith, Young, and Lass, the code states that each party must have equal access to legal representation. Both party’s rights must also be preserved by ordering an amount that is reasonably necessary for attorney’s fees and any costs related to maintaining or defending against any impending actions.
How does the court come up with an amount that’s fair?
“All orders by the Family Court are based on the spouses’ incomes and needs,” Griffith says. “In addition, Family Code 2030 states that the Court must state its reasons, also known as “findings” when coming up with attorney fee requests. The Court must first decide if an attorney fee and cost award is relevant and if the parties have access to thevfunds required to hire an attorney. The Court must also discover if one spouse can pay the attorneys’ fees for both parties.”
What About Spouses Who Decide to Self-Represent?
“If one spouse decides to self-represent and that party doesn’t have the financial means to hire an attorney, that spouse can ask the Court to order the other spouse to pay his or her fees,” Griffith says. The Family Court is able to make that order if the other party has the financial means to do so. This payment will allow the self-represented partner to hire a divorce lawyer promptly before the case commences.
It should be noted that family Code 2030 allows the Family Court to award attorney fees and costs for legal fees rendered either before or after the case is set in motion.
If you have already filed for divorce and you wish to know more about Family Code 2030, contact divorce lawyer John Griffith of Griffith, Young, and Lass serving the greater San Diego area today.
About Us: The experienced and compassionate divorce attorneys at Griffith, Young & Lass serve the greater San Diego area, and are ready to go to bat for all clients to achieve the best possible outcome for any family law case.
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