Financial Issue FAQs

• Do I really have to fill out these financial forms (Income and Expense Declaration and Schedule of Assets and Debts)?
• How much will my legal fees be?
• I don’t want the divorce. Will my spouse who initiated the divorce have to pay my legal fees?

Do I really have to fill out these financial forms (Income and Expense Declaration and Schedule of Assets and Debts)?

Yes. The Family Code sections require that the forms be completed and served on the other party. They must be signed under penalty of perjury so they must be as complete (with backup) and accurate as possible.

How much will my legal fees be?

This question is impossible to answer as it depends on the position that your spouse takes with respect to the issues involved, which may be dictated by the attorney he/she hires.

I don’t want the divorce. Will my spouse who initiated the divorce have to pay my legal fees?

The overriding issue in determining who pays legal fees and how much is based on your/your spouse’s relative financial circumstances. There are other factors that come into play such as reasonableness of fees incurred, whether one party’s conduct caused fees to unnecessarily increase and reasonableness of the fees incurred but the relative financial circumstances is the most significant criteria.