In July 2012, Us Weekly released photos of Twilight star, Kristen Stewart, and Snow White and the Huntsman director, Rupert Sanders’, cheating scandal. Stewart and Sanders were photographed kissing in a parked car on the side of a secluded road. At the time, Stewart was involved in a serious relationship with teen heartthrob Robert Pattinson, and Sanders was married to British model Liberty Ross. Although Stewart and Pattinson reconciled in September, Ross has recently filed for divorce from her husband of nine years.Ross and Sanders reportedly gave their marriage another shot after news of the cheating scandal broke and even attended marriage counseling. However, Ross was unable to move past her husband’s public infidelity. The former couple has two children, Skyla, age 7, and Tennyson, age 5. In her Petition for Dissolution of Marriage, Ross requested joint custody of the children in addition to spousal support and attorney fees. Sanders filed a Response to the Petition also requesting joint custody but not spousal support. Sanders wants each party to bear the cost of his or her own attorney fees.
Ross retained celebrity divorce attorney, Laura Wasser, to represent her in her divorce. Wasser is most famous for her representation of celebrities such as Heidi Klum, Ryan Reynolds, Kim Kardashian, and Britney Spears. According to Los Angeles Times, Wasser’s services will cost Ross $750 per hour. With rates that high, it’s no surprise that she is asking the court to order Sanders to cover Wasser’s fees. As Del Mar divorce attorneys are well aware, California courts have the authority to order one spouse to contribute toward the attorney fees and costs incurred by the other spouse. However, since California is a “no-fault” state, Sanders’ infidelity will be irrelevant to all of the court’s rulings.
Family Code §3557 was enacted to ensure that both spouses have access to legal representation to preserve their rights. This code section applies to limited circumstances including actions in which a supported spouse requests enforcement of an existing order for spousal support. In determining whether an award of attorney fees and costs is appropriate under Family Code §3557, the court must consider the following two factors:
(1) whether there is a disparity in access to funds to retain counsel, and;
(2) whether one party is able to pay for legal representation for both parties.
Thus, if one party has significantly more resources than the other and is able to pay for both parties’ legal representation, a court may order him or her to do so in limited cases. Because Ross is not seeking enforcement of an existing support order, she will likely not be award attorney fees under Family Code §3557.
A request for attorney fees may be made during the pendency of a divorce pursuant to Family Code §2030. Family Code §2030 has similar requirements as §3557; however, allows for a request to be made for purposes other than to enforce existing orders. Thus, Ross is likely requesting an award for attorney fees pursuant to this code section.
Please contact us if you are considering a divorce from your spouse, a legal separation, or have questions regarding child custody and visitation. Nancy J. Bickford is the only attorney in San Diego County representing clients in divorces, who is a Certified Family Law Specialist (CFLS) and who is actively licensed as a Certified Public Accountant (CPA). Don’t settle for less when determining your rights. Call 858-793-8884 in Del Mar, Carmel Valley, North County or San Diego.