Dealing With Your “Out Of Control” Spouse

Allow me to introduce you to California Family Code 271. Here is how it reads and pay particular attention to the bolded parts:

(a) Notwithstanding any other provision of this code, the court may base an award of attorney’s fees and costs on the extent to which the conduct of each party or attorney furthers or frustrates the policy of the law to promote settlement of litigation and, where possible, to reduce the cost of litigation by encouraging cooperation between the parties and attorneys. An award of attorney’s fees and costs pursuant to this section is in the nature of a sanction. In making an award pursuant to this section, the court shall take into consideration all evidence concerning the parties’ incomes, assets, and liabilities. The court shall not impose a sanction pursuant to this section that imposes an unreasonable financial burden on the party against whom the sanction is imposed. In order to obtain an award under this section, the party requesting an award of attorney’s fees and costs is not required to demonstrate any financial need for the award.

(b) An award of attorney’s fees and costs as a sanction pursuant to this section shall be imposed only after notice to the party against whom the sanction is proposed to be imposed and opportunity for that party to be heard.

(c) An award of attorney’s fees and costs as a sanction pursuant to this section is payable only from the property or income of the party against whom the sanction is imposed, except that the award may be against the sanctioned party’s share of the community property.

Did you know this law existed? Or did you think that your out of control spouse could just run rough-shot over you and there was nothing you could do? I have successfully received sanctions awards against an out of control spouse in an Orange County divorce case for amounts up to $60,000.00 and it was all due to their refusal to resolve the case, lie, make false allegations and engage in conduct that violated this code section.

You can too.

You don’t have to be a victim of your spouse’s behavior. Farzad Family Law, APC are aggressive divorce and family law lawyers in Orange County and we do not tolerate spouses who engage in delay tactics, force unnecessary lawyer’s fees, make false allegations of abuse, hide assets, commit perjury, emotionally abuse their spouse or the children or refuse to engage in reasonable settlement discussions.

If you have an out of control spouse, now is the time to take action.

I look forward to hearing from you. Call me. Email me. Let’s talk. Let’s find solutions together.

Warmest Regards,

B. Robert Farzad
Orange County Divorce & Family Law Attorneys
1851 E. 1st Street, Suite 1150
Santa Ana, CA 92705
Telephone: (714) 937-1193
Facsimile: (714) 937-1192

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