The Koblin Family Law Center


One of the first questions we hear in a family law case is, "Who is paying for the lawyers?" One of the biggest challenges in a family law is legal costs associated with obtaining a dissolution of marriage, especially in cases where child custody and support are at issue. In highly litigious cases, the attorney costs may be astronomical due to the procedural work the court requires to bring the case to trial. Even in simpler non-contested cases there are certain documents that need to be prepared, filed and exchanged thus costing attorney's fees.

When one party has historically been left out of the family's financial decision making, that party may not have access to funds to hire an attorney. Without someone advocating for his or her interest, more often than not, the non-represented party may lose custody of the minor children or may not receive the support to which they are entitled.

California Family Code 2030 provides a way for a party that cannot afford representation to get the other party to pay.

The case of In Re Marriage of Kelso reaffirmed Fam. Code 2030 and it ruled that, "In determining award of attorney fees in marriage dissolution action, the court must take into account the relative circumstances of the parties including their respective needs, income, and assets, and in determining whether the fees incurred were reasonable, the court may consider various factors including the nature of the litigation, its complexity, the amount involved, the financial circumstances of the parties, the legal skill involved, and whether counsel's skill and effort were wisely devoted to the expeditious disposition of the case." West's Ann.Cal.Fam.Code § 2030. In re Marriage of Kelso, 67 Cal. App. 4th 374, 79 Cal. Rptr. 2d 39 (1998)

As noted above, the court does not only consider the parties' incomes but they will consider the parties' assets. If one party has assets that they have access to such as bank accounts or savings accounts, the court may not award attorney fees. Very often, an attorney is not familiar with the law; in these cases, attorney's fees might be granted for a spouse that can afford counsel or denied for someone who simply does not have the means to hire an attorney.

It is very important to speak to a local attorney in Pleasanton, CA or Oakdale, CA to ensure that your interests are protected and you have someone advocating for you.

No Comments

Leave a comment
Comment Information

What Our Clients
Say About Us

View More Testimonials
  • “Kennedy helped me with my legal issue and was just amazing throughout the whole process. He was always available to explain everything to me and really put my mind at ease. I am not an easy person to work with and Kennedy really helped me calm down and guided me through my issue. I could not have obtained the result I did without Kennedy's expert assistance. His command of the law is truly impressive. —” Jeff
  • "Even though Kennedy looks like a 17 year old, he is impressive in his knowledge of law, his intuition of the case and his strategies for settlement. He seems equally capable and comfortable in the courtroom or at the settlement table. He helped me weigh the facts, consider the emotions and evaluate the cost of my case. He leans toward the collaborative style of divorce and I believe wants the best for his clients. In partnership with Cristin Lowe, they make an impressive team. — "William
  • “Kennedy also helped me relax as much as possible. The emotional cost in such cases is extremely high. Kennedy would help manage this and understood the struggle I faced. He acted with great professionalism and with compassion to help me work through the case...” Robert

We Can Resolve Your Legal Issue Arrange Your Consultation Today

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Email Us For A Response
5700 Stoneridge Mall Road Suite 230 Pleasanton, CA 94588

The Koblin Family Law Center
5700 Stoneridge Mall Road, Suite 230
Pleasanton, CA 94588

Phone: 925-298-2961
Fax: 925-203-9797
Pleasanton Law Office Map