The Uniqueness of Family Law Attorney Fees - In Re Marriage of Hobdy

The uniqueness of family law attorney fees was discussed in the recent case of In re Marriage of Hobdy, 2004 DJDAR 12913 (Oct. 21, 2004) indicating the difference between the civil law motion for reconsideration requirements and request for attorney fees in family law cases.

On July 12, 2002, Waymon Hobdy filed a petition for dissolution of marriage. On July 25, 2002, he filed a request to enter the wife’s default. This request was granted. On Sept. 6, 2002, Norma Patricia Hobdy filed a motion to set aside the default and requested, among other things, attorney fees. The court granted the request to set aside the default but denied the wifes request for attorneys fees. Continue reading →

Seeking Dissolution May Be Better Path Than Annulment

Los Angeles Daily Journal, Vol.118, Issue 170, September 2, 2005

Sometimes a party to marriage feels that they have been “misled” by the other party, and sometimes they may feel that based upon the “fraud” committed upon them by their spouse that they are desirous of getting “out” of the marriage by obtaining an annulment.  The advantage to an annulment would be that the marriage is voidable and the party would then return to an unmarried status and a terrible mistake would be corrected (see Family Code Sections 2210 and 2212). There would be no community property ever acquired and none to be divided. The court would have no jurisdiction over the awarding of spousal support. Continue reading →

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