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What is the process for requesting reimbursement of attorney fees?

Campbell, CA |

My divorce has dragged on interminably, primarily due to my spouse's uncooperativeness, suspiciousness, delay tactics, and disorganization. We've had more hearings than I can count. Over the years, the Court has reserved my attorney fees on several different occasions for different issues. Now we are finally approaching the end of our case. We have a CMC coming up to set a final trial date. It's remotely possible we will settle out of court on everything except my claim for reimbursement for these attorney fees. I am certain I'll have to go to court to get that. In that case, would the Trial be just on the issue of attorney fees or do I need to file different paperwork to request a different sort of hearing for attorney fees?

Thank you!

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Attorney answers 1


I am sorry that this has been such a difficult process. You should not have to have a trial on the attorney fee issue, in fact your attorney is the one responsible for filing the motions and attaching his or her affidavit of billable hours, costs and fees and arguing the issue. If you feel that the issue should be heard now, you have a right to file a motion with the court asking so, the worst the court/ judge can do is say no and then your rights are reserved for later. Take care and I hope that things work out.

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