What are the steps to request that my spouse or ex-spouse contribute to my attorney's fees in a California family law case?
To request a contribution to your attorney's fees, you must file a formal Request for Order with the court, providing detailed financial information to demonstrate your need and your spouse's ability to pay.
Here are the steps to request attorney's fees:
Step 1: Consult Your Attorney
Discuss with your attorney whether to request fees. They will help you decide if the request should be based on financial need (Family Code 2030) or as a sanction for your spouse's uncooperative conduct (Family Code 271).
Step 2: Complete Financial Disclosures
You must complete an Income and Expense Declaration (Form FL-150). Gather all required financial documents, such as pay stubs, tax returns, and bank statements, to accurately report your income, expenses, assets, and debts. Honesty and thoroughness are critical.
Step 3: File a Request for Order (RFO)
Your attorney will draft and file a Request for Order (Form FL-300) with the court. This form formally asks the judge to order your spouse to pay a specific amount toward your fees. It must be supported by a written declaration explaining why you need the funds and why your spouse has the ability to contribute. Your attorney will also submit a declaration detailing the fees you have already paid and expect to incur.
Step 4: Serve the Documents
A neutral third party over 18 must legally deliver ("serve") copies of the filed RFO and all supporting documents to your spouse or their attorney. This must be done at least 16 court days before the hearing, plus five calendar days if serving by mail within California.
Step 5: Attend the Court Hearing
You and your attorney will attend a court hearing. The judge will review the filed paperwork, listen to arguments from both sides, and decide whether to grant your request and for how much.
Important Details: The court's main goal is to level the playing field, ensuring both parties have access to legal representation. The judge will analyze both parties' financial circumstances. A request can also be made at any time during the case, including at the beginning or for trial.
Warnings and Limitations: An award of attorney's fees is not guaranteed and is subject to the judge's discretion. The court can also order you to pay your spouse's fees if your request is found to be without merit or intended to harass them.
This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney.
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This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
Views: 36
Updated: August 13, 2025
Family Law
Divorce, child custody, domestic relations, and family disputes
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