Waiver of the Right to Attorney Fees.

If one party cannot afford an attorney, a trial court has the discretion to order the other party to pay all of the attorney fees in a case unless the parties waived their right to future attorney fees in a marital settlement agreement. Parents of minor children, however, cannot waive their statutory right to receive attorney fees for future custody litigation.  Appellate courts have held that it is against public policy to limit the court’s jurisdiction to award attorney fees based upon need when the best interests of a minor child are at issue.

If you need a divorce attorney in the Orange County area to discuss the custody or any other matter relating to a dissolution of marriage including child support, spousal support and property division, contact Treviño Law, Inc, at (949) 643-5662. Conveniently located off of the 5 and 405 freeway at Lake Forest.


Treviño Law, Inc
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 643-5662
Visit us at www.LawintheOC.com

Please note that this blog is advisory only. Facts and circumstances may alter whether attorney fees should be awarded in a particular custody case. Please contact a family law attorney in Orange County to discuss your case in detail.
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