Attorneys Fees

Under California Family Law, who pays the attorneys fees is based primarily be the concepts of “need” and “ability to pay.” The bottom line is that the business owner or professional most often ends up paying for both attorneys. Many attorneys representing the non business owner, or professional, take this to mean that they have a blank check to represent their client. While California law clearly is to the contrary, and holds that not only must attorneys fees be reasonable, but they must have been necessary. This means that to the extent your attorney understands what the other attorney reasonable needs to represent their client, and provides it, (and understand the law as it relates to attorneys fees), you will end up paying less in the end towards your spouses attorneys fees. This is one of the most emotional areas of family law, and as a business owner or professional, your attorney must be able to communicate to you in a way that you will come to understand that when you own a business and are going through a divorce, the attorneys fees become a business expense. In fact, if you have an experienced business or professional divorce attorney representing you, that person can break down his or her bill so that to the extend you incur fees to protect your business interest in your business or professional practice, the fees may be deductible on you tax return.