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An Orange County Family Law Blog

A blog dedicated to issues a divorcing couple faces.

Attorneys Fees May Require a Noticed Motion

Attorney fees can be requested in several different ways–by a noticed motion, when a statement of decision is rendered, upon affidavit, and upon entry of default judgment. However, California Rule of Court, rule 3.1702 requires the request to be made by a noticed motion if the statute or contract refers to “reasonable” fees.

California Rule of Court 3.1702(a): Except as otherwise provided by statute, this rule applies in civil cases to claims for statutory attorney's fees and claims for attorney's fees provided for in a contract. Subdivisions (b) and (c) apply when the court determines entitlement to the fees, the amount of the fees, or both, whether the court makes that determination because the statute or contract refers to "reasonable" fees, because it requires a determination of the prevailing party, or for other reasons.

California Code of Civil Procedure section 1033.5(c)(5): . . . . attorney’s fees allowable as costs pursuant to subparagraph (B) of paragraph (10) of subdivision (a) may be fixed as follows: (i) upon a noticed motion, (ii) at the time a statement of decision is rendered, (iii) upon application supported by affidavit made concurrently with a claim for other costs, or (iv) upon entry of default judgment. . . .

If you need a divorce lawyer in the Orange County area to discuss a family law matter such as spousal support, child support, custody, transmutation or property division, contact Treviño Law, Inc. Conveniently located off of the 5 and 405 freeway at Lake Forest.

Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County.

Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.