Family law request(s) for attorney’s fees and costs.
Can a need-based request for attorney’s fees and costs include consideration of these as sanctions? I filed a Family Code Sec. 2122 motion to set aside the judgment on my divorce, and the hearing is pending. I want to file a request for attorney’s fees and costs for the set aside based on my financial need. The hearing for any request for attorney’s fees and costs would be after the hearing to set aside the judgment. However, if I prevail on the set aside based on failure to disclose community assets, could I ask the court to consider that in my need-based request? If I prevail on the set aside, I also want to request attorney’s fees and costs for the new trial. Can I do all this in a single request?
4 attorney answers
You need counsel to prevail on a set aside--it's not meant to be easy. If you do, then you can take the next step.
A great deal depends on the basis of your set aside and the strength of your evidence. I personally have never seen one.
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You can ask for the sun and the moon, but the less reasonable the requests, the less likely a positive response I am in agreement with Attorney Strauss.
My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none, but many will offer a free consultation and a face to face meeting generally will be better, I like my clients to write a short one page history of the fact and questions they have prior to meeting with them, so nothing is forgotten.
A 'needs based' request for attorney's fees must relate to actual fees incurred to hire an attorney. As you seem to be self-represented, the judge would not be able to grant your request unless you could show that you did hire an attorney.
A needs-based request for an award of attorney's fees and costs is not to be confused with a sanctions-based request for an award of attorney's fees and costs. Unless you are seeking a needs-based retainer to employ an attorney, this is nonsense for lack of an attorney.