We have had more than one disgruntled spouse complain that the action of their ex has increased their cost of litigation. “They’ve propounded too much discovery!”, “They won’t give us the documents we’ve requested!”, “They are bringing unnecessary hearings!”, and “That attorney is being a jerk!” are just some of the complaints we’ve heard from our clients.
So what do we do when opposing party and/or their attorney is being uncooperative and increasing the cost of litigation? One remedy is to request them to pay your attorney fees. If the actions of the other side further and frustrates the policy of law to promote settlement or increases the cost of litigation, you may be entitled to just that. Courts award attorney fees to the cooperating party and sanction the non-cooperating party using Family Code, Section §271.
Family Code, Section 271(a), states the following: “Notwithstanding any other provision of this code, the Court may base an award of attorneys’ fees and costs on the extent to which the conduct of each party or attorney furthers or frustrates the policy of law to promote settlement of litigation and, where possible, to reduce the cost of litigation by encouraging cooperation between the parties and attorneys.” Family Code, §271.
In the case of Marriage of Davenport, the Court awarded attorney fees to Husband because Wife’s attorney’s lack of civility towards opposing counsel was sanctionable. Wife’s attorney wrote letters to Husband’s attorney that were “abusive, rude, hostile, and/or disrespectful language” [was used]. In Re Marriage of Davenport (2011) 194 Cal.App.4th 1507, 1534. Even Wife’s attorney said that his actions “did substantially increase the cost of litigation.”
The Court in Davenport also sanctioned Wife for bringing unnecessary hearings. Ultimately the Court determined that the actions of Wife and her attorney frustrated the policy of law and increased the cost of litigation. The Court ordered that Wife pay Husband $100,000 for her actions and those of her attorney.
If you think your spouse and/or your spouse’s attorney is unreasonably increasing the cost of litigation and frustrating the policy of law to promote settlement, perhaps you should request Family Code, §271, sanctions to help pay for those fees they unnecessarily caused.
For more information about annulments and other family law matters, contact the Reape-Rickett Law Firm at 661-288-1000. They are located at 25152 Springfield Court, Suite 100 in Valencia.