In most divorce cases, the separating spouses want the proceedings to be over as soon as practically possible. They often attempt to cooperate with each other (and each other’s counsel) to resolve the major issues in an efficient manner. Conducting the proceeding in this way serves to benefit the parties by reducing costs and limiting any attendant emotional turmoil. Unfortunately, however, some cases drag on, often due to the “vexatious” approach of one of the parties. An experienced family law attorney would be able to address and hopefully minimize or completely deter such conduct. If you are considering a separation or divorce, it is important that you contact a local San Diego family lawyer as early in the proceedings as possible.
The California Family Code offers some recourse to parties who are up against a vexatious litigant. For instance, section 271 authorizes a court “to base an award of attorney fees and costs on the extent to which the conduct of each party or attorney furthers or frustrates the policy of the law to promote settlement of litigation and, where possible, to reduce the cost of litigation by encouraging cooperation between the parties and attorneys.” In a recent divorce case, the court of appeals reviewed a trial court’s order requiring an ex-wife to pay her ex-husband and his second wife a combined amount of costs and fees under section 2030 and section 271 of the Family Code, without distinguishing between the two provisions.