Attorney's Fees as a Sanction in a California Divorce

When and why does the court punish a spouse's conduct that increases fees?

Sanctions in Divorce and Family Law Cases

A family law judge has the power to order sanctions against one or both spouses. A sanction is an order for attorney’s fees.

Sanctions come in different forms.

The most common sanctions request is a Family Code 271 request. This sanctions request punishes unreasonable litigation conduct that unnecessarily increases the fees and costs in the case.

Another common sanctions request is a discovery sanction. Discovery is the formal request for information. When one spouse fails or refuses to provide complete or accurate responses to a discovery request, the other spouse may request sanctions.

Courts are supposed to take false allegations of child abuse very seriously. The Family Code has a specific code section dedicated to sanctions against a parent who makes knowingly false child abuse allegations against the other parent.

We hope you enjoy our articles and guides on sanctions. Visit the pages below to learn more.