Is it Possible for my Spouse to Pay My Attorney’s Fees?

There are several methods to use to request that a portion of your attorney’s fees be paid by the other party.

Attorney Fees Generally

A family law court has authority to make attorney fee awards throughout the case. In a proceeding for dissolution of marriage, and in any proceeding subsequent to entry of a related judgment, the court shall ensure that each party has access to legal representation, including access early in the proceedings, to preserve each party’s rights by ordering, if necessary based on the income and needs assessments, one party to pay to the other party, or to the other party’s attorney, whatever amount is reasonably necessary for attorney’s fees and for the cost of maintaining or defending the proceeding during the pendency of the proceeding. Fam C § 2030(a)(1).

Court’s Ability to Award Attorney’s Fees

Trial courts enjoy broad discretion in...

My Spouse Has Psychological Concerns, Which I Believe are Relevant to a Determination of Child Custody. Can I Obtain Their Psychological Records and Submit it to the Family Court as Evidence?

There are various privileges as to evidence which can be admitted to a court. One of them being the psychotherapist-patient. This prevents communications in a therapist’s office, including the therapist file, from being revealed to anyone other than the client or those who work within the therapist’s office.

Technically speaking as per the Evidence Code, the psychotherapist-patient privilege covers, “confidential communications between patient and psychotherapist.”   Specifically, it includes information obtained by an examination of the patient, that:

  1. Is transmitted in confidence between a patient and the patient’s psychotherapist in the course of that relationship;
  2. Is transmitted by means that, as far as the patient is aware, disclose the information to no third persons other than those who are present to further the patient’s interest in the consultation, or those to whom disclosure is reasonably necessary for transmission of the information or accomplishment...

Tess was invited to speak on ESPN 1700AM Jesse’s Secret Stash Radio show!

Certified Family Law Specialist, Tess Reutzel appeared live on Jesse’s Secret Stash ESPN 1700AM to discuss the 4 Biggest Family Law Mistakes. Tess shares a little about what she does as a family law attorney and offers insight and new perspectives on some tricky family law matters. Thanks to Jesse and ESPN for having us!

Click here to watch the full video!

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Divorce Mediation in San Diego – The Benefits

I have seen a recent rise in the number of calls I receive by people interested in divorce mediation in San Diego. It seems that people have realized that divorces can be costly and emotionally-draining, and divorcing couples are beginning to recognize the benefits of divorce mediation.

What are the benefits of divorce mediation?

o First, divorce mediation tends to be a lower-cost option. Generally, each party is paying for their own attorney. That means that the family is paying the hourly rate for two attorneys to facilitate finalizing their case. With mediation, the parties are paying for only one mediator, so theoretically, it is half the cost.

o Next, divorce mediation allows the parties to work as a team to accomplish their divorce. The non-litigious atmosphere usually leads to a more amicable end to the relationship. The parties can approach their divorce as a mutual, healthy...

Law Offices of Tess Reutzel