Court sanctions for attorneys’ fees in divorce cases
California law provides recourse for when a party in a divorce case frustrates the attempt to reach a settlement. Here’s what you need to know about attorneys’ fees & sanctions in California divorce cases.
California Family Code Section 271 states that a court may sanction a party if they intentionally try to increase the cost of the divorce settlement process or otherwise frustrate this process. This means that the court may require the party that frustrates the settlement process to pay attorneys’ fees and other costs faced by the other party. This award is not need-based, and it must not place an unreasonable financial burden on the sanctioned party.
What is California Family Code Section 271?
California Family Code Section 271 is an important law that is meant to deter actions in divorce cases that intentionally increase the costs associated with the settlement process by providing the court the discretion to order the party to pay the attorneys’ fees and costs faced by the other party.
Consider, for example, a divorce case in which one spouse has significantly more financial resources than the other party. Due to the extreme level of resentment that can be involved in divorce cases, imagine that the party with more resources refuses to cooperate in order to harm the other party by increasing the amount of fees that the other party faces. Actions such as this would be contrary to the objective of the divorce process, which is to reach a settlement that is fair and expeditious. Family Code Section 271 allows the court to sanction the aggravating party for actions such as this. The aggravating party would then be ordered to pay the attorneys’ fees and other costs associated with their attempts to frustrate the settlement process.
Related: Divorce Laws in California
Considerations regarding Section 271
While Family Code Section 271 is important and potentially powerful, there are still a few considerations that must be discussed. First, it must be noted that this section of the law does not deal with need-based payment of attorneys’ fees, unlike California Family Code Section 2030. As such, the purpose of Section 271 is not to ensure that both parties have adequate representation in their divorce case but rather to ensure that neither party attempts to frustrate the settlement process.
Furthermore, the fact that this section does not deal with need-based attorneys’ fees means that there is an important restriction regarding the application of this law. Notably, the sanction must not place “an unreasonable financial burden” on the sanctioned party, while need-based attorneys’ fees orders simply require the paying party to have the ability to pay the fees. Therefore, because the payment of attorneys’ fees via sanction is less important than in need-based cases (because there is not a financial need on behalf of a party), the paying party has a greater ability to escape the payment of the fees because it is easier to prove that it would impose an unreasonable financial burden than it is to prove an inability to pay. In order to determine whether or not the order would impose an unreasonable financial burden, the court will consider the financial situations of both parties.
Additionally, the other party must be provided proper notice of the attempt to sanction as well as the opportunity to be heard regarding the sanction. This means that the petition to sanction must be filed with the court and there must be a hearing regarding the issue. This hearing may either be dedicated to discussing the sanction, or it can be included as part of another hearing.
Finally, in order for Section 271 to be applied, a party must intentionally drive up the cost of the settlement process for the other spouse. Examples of this conduct include:
- Purposefully avoiding attempts to reach a settlement
- Purposefully increase the length of time associated with the settlement process
- Otherwise intentionally increasing the costs of the settlement process
- The resulting sanction will only be applied to fees and costs that are associated with this frustration of the settlement process.
If you require legal assistance or representation for your divorce case, contact Her Lawyer to be put in touch with an expert divorce attorney.
Related: How to Collect Court Awarded Attorney Fees in California
FAQs about California Family Code Section 271: Attorneys’ Fees and Sanctions
What is Section 271 about?
Family Code Section 271 deals with sanctions for parties in divorce cases that intentionally try to frustrate the divorce settlement process. The sanctions require the aggravating party to pay the attorneys’ fees and other costs faced by the other party associated with the frustration of the settlement process.
What is the purpose of Section 271?
This law’s purpose is to facilitate the settlement process by deterring actions that frustrate the process. It does this by providing a means to sanction a party for frustrating the settlement process.
Does Section 271 deal with need-based attorneys’ fees?
No. California Family Code Section 2030 deals with need-based attorneys’ fees.
Can Section 271 apply to any divorce case in which a party attempts to frustrate the settlement process?
No. If the order to pay the attorneys’ fees would place an undue financial burden on the paying party, then the sanction cannot be applied.
How do I provide notice regarding petitioning for a sanction under Section 271?
You can either formally request a hearing by filing a request with the court and serving the other party to set up a hearing, or you can file a notice with a court and give the notice to the other party that details your intention to seek a sanction under 271 at an upcoming hearing.
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