CALIFORNIA CODES

CALIFORNIA FAMILY CODE

Division 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION

Part 1. GENERAL PROVISIONS

Chapter 3.5. ATTORNEY'S FEES AND COSTS

Current through 2010

§ 2031.

(a) (1) Except as provided in subdivision (b), during the pendency of a proceeding for dissolution of marriage, for nullity of marriage, for legal separation of the parties, or any proceeding subsequent to entry of a related judgment, an application for a temporary order making, augmenting, or modifying an award of attorney' s fees, including a reasonable retainer to hire an attorney, or costs or both shall be made by motion on notice or by an order to show cause.

(2) The court shall rule on an application within 15 days of the hearing on the motion or order to show cause.

(b) An order described in subdivision (a) may be made without notice by an oral motion in open court at either of the following times:

(1) At the time of the hearing of the cause on the merits.

(2) At any time before entry of judgment against a party whose default has been entered pursuant to Section 585 or 586 of the Code of Civil Procedure. The court shall rule on any motion made pursuant to this subdivision within 15 days and prior to the entry of any judgment.

History. Amended by Stats 2004 ch 472 (AB 2148), s 2, eff. 1/1/2005

Amended by Stats 2005 ch Chapter 472 (AB 2148),s 1, eff. 1/1/2005.