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 Requests in Divorce
What are sanctions and under what circumstances do California family courts award them?
If you read our articles on need based requests, you may be curious what the difference is between them and sanctions. Sanctions are punishment. While need based requests are based on the relative circumstances of each party's finances including need and ability to pay, sanctions are based on conduct the California Family Code or other California law does not approve.
There are several types of sanctions based requests in California family law. The three most common are those pursuant to California Family Code 271, sanctions for false abuse allegations pursuant to California Family Code 3027.1 and discovery sanctions. Discovery sanctions are sanctions the court must impose absent substantial justification for one spouse's violations of the California Discovery Act.
Are you potentially or actually intending to bring a sanctions request? Are you facing a request against which you must defend? You owe it to yourself to take the time and read our informative articles on sanctions in a California family law case. It will help you understand under what circumstances you can seek sanctions and how to defend them if the other party brings a frivolous request.
We hope you enjoy our pages on attorney fee sanctions and we welcome your feedback on anything you read within them. You may access them by navigating to the attorney’s fees link that you will find at the top of our website or simply click on the links below.