divorce asking how your ex is paying the attorney

The law gives people in divorce, legal separation or annulment cases the right to ask the judge to order one side to pay the other side’s lawyer’s fees (attorney’s fees) and costs. The purpose of an order for lawyer’s fees is not to punish one side or reward the other, but to even the playing field so both sides can have access to a lawyer.

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How can I get my ex-wife to pay for our divorce?

May 29, 2017 · Assuming you and your ex-wife hired attorneys for the divorce, property settlement agreement, custody and visitation schedules and all the rest, you can emerge from a divorce with a hefty legal bill. You may feel, because of a perceived slight on her part, that your ex-wife should pay the tab for what you went through, so you can ask your attorney to put a …

Do you have to pay for a divorce attorney?

Feb 11, 2013 · If you and your wife cannot reach a settlement, which will usually waive claims for attorney fees, and the case goes to a full trial, then she can ask for attorney fees. However, attorney fees are in most cases only awarded to the "less monied spouse", meaning that if your wife makes about the same or more than you do, then it is likely that her request for attorney …

Why is it so hard to get your ex husband to pay?

Dec 20, 2016 · No court in Minnesota will excuse you for violating your divorce decree just because your ex did it first. Instead, you will likely end up back in court, paying your attorney to defend your actions. While you may have to go back to court in order to get what you need, the best way to go is with clean hands—in other words, to ask for redress without having violated …

How do I convince my wife to pay my lawyer fees?

Jan 04, 2019 · That your ex can pay your legal fees (in some cases) It's always in a lawyer's best interest to prolong a divorce settlement; the longer it lasts, typically, the more payment they are due to receive. So yours might be unlikely to tell you that, in the case of a spouse who just isn't playing ball, a potential divorcee can petition a judge to pressure and compel an uncooperative …

Who pays legal costs in divorce?

The simple fact is that the petitioner always pays the divorce fees. The person filing for the divorce (known as the Petitioner) will always pay the divorce filing fee.

Who pays attorney fees in child custody cases California?

You do not have to have a lawyer at the time that you to ask the court to order your spouse/partner pay your lawyer fees. The judge can order one side to pay a reasonable amount to hire a lawyer as early as possible before the case goes forward.

Do I have to pay for my wife's divorce lawyer California?

Generally, one spouse can't force the other to pay for their divorce in California. Each spouse pays for their own lawyer and all associated costs.Mar 19, 2020

How can a mother get full custody in California?

Any parent who is requesting full custody in California has to be prepared to submit convincing evidence to the family court. The court will require valid reasons that are consistent with the children's best interest to order full custody to one parent.Apr 29, 2020

Is attorney's fee a community obligation?

Attorney's fees for the divorce are a community obligation-just as joint bills you may have run up while you were married. If you were represented during the divorce, your attorney's fees are chargeable to the community as well, so the two charges would offset one another, normally.

Do you have to pay a court order?

If it was part of the original court order, or in any subsequent order to make sure you paid, then yes, you will have to pay. Talk with your attorney to see what the orders said.

Do I have to pay my attorney's fees?

What does the Order say? If she has a Court Order requiring you to pay her attorney's fees, then yes, you are required to pay her attorney's fees because it is in the Order. If an Order has been issued that does not include attorney's fees (or leave the issue open for later determination), then I don't see how she can obtain attorney's fees. If the case is still open, she could request the Court to order you to pay her attorney's fees. Since the issue surrounds past due child support, a Judge could ultimately award her attorney's fees, but the Court would take into consideration your current financial circumstances.

Can a judge order you to pay for her fees?

A judge could order you to pay for her fees depending on how much she makes. If you owed support, there may be an automatic right to get attorney fees from you for collection.

Can my wife ask for attorney fees?

If you and your wife cannot reach a settlement, which will usually waive claims for attorney fees, and the case goes to a full trial, then she can ask for attorney fees. However, attorney fees are in most cases only awarded to the "less monied spouse", meaning that if your wife makes about the same or more than you do, then it is likely that her request for attorney fees will be denied.

What happens if my ex doesn't pay child support?

The temptation is often strong to stop complying yourself. For instance, if your ex doesn't pay child support, you may be tempted to withhold parenting time. If your ex doesn't turn over a promised item of property in their possession, you may drag your heels on making sure your retirement account gets divided as agreed.

What to do if divorce is not final?

If your divorce is not yet final there are ways to minimize the risk of non-compliance with the decree. Many violations of divorce decrees occur because obligations and consequences are not spelled out clearly within the decree. The clearer and more specific the language used, the harder it is to justify a violation. You may want to ask your lawyers to include a clause that if one of you needs to return to court, the other party will be responsible for attorney fees in enforcing the decree.

How much does a divorce cost?

It's no secret that divorce can be expensive. In fact, according to Narris, the average cost of legal fees in a divorce is an astounding $15,000! One way to cut down on these expenses is to use a mediator.

Why is divorce so stressful?

Some people even see divorce as a way to seek revenge on a spouse by seizing money and assets. Although divorce can bail you out of an unhappy marriage, it can also milk you for all you are worth if you don't know your rights.

Which state has the easiest divorce process?

According to the government research site InsideGov, the five states with the easiest and most lenient divorce laws are Alaska, South Dakota, Wyoming, Iowa and Washington. The ease of filing, fees and processing times are all considered as part of the rankings.

Who is Todd Huettner?

Todd Huettner, president of the residential and commercial real estate mortgage bank Huettner Capital and a financial analyst who has helped many individuals dealing with divorce, advises clients to seek professional help at all costs.

How long does it take to get divorced in Arkansas?

Arkansas takes the longest amount of time at 540 days. If you live in one of these states, you and your spouse might want to consider relocating to expedite the divorce process.

Is alimony taxable income in divorce?

On the contrary, if the transfer of money in a divorce is not considered alimony, the receiving spouse is in luck: these funds aren't regarded as taxable income, according to Christian Denmon, founding partner of Denmon & Denmon, a personal injury, divorce and criminal defense law firm in Tampa.

Is a divorced property divisible?

While most assets are divisible in divorce, there are some exceptions to the rule. Documents can help preserve what you believe to be separate property when it comes to divorce proceedings and should be collected beforehand.

How to choose a divorce attorney?

There are several things to look for when choosing a divorce attorney. You want to choose someone who is experienced, respected, competent, and affordable. If they are proving to not be a good fit though, change them. Because you can, even if the reason is that you don't get on with him or her. Bear in mind however that if an attorney has worked on your case, you'll have to pay her/him for their time. Also, it might damage your case to change attorney's when you are close to a court ordered deadline, so only do it after careful consideration.

How much does a divorce cost?

Contested divorces cost anywhere from $15,000 to $30,000, though there are plenty of ways to limit the staunch the outward flow of cash before and during the process.

What is fault based divorce?

Fault-based divorce is when one spouse committed an act that gives legal justification to the ending of the marriage. These acts include adultery, a felony conviction, cruelty, or desertion.

What does it mean to be uncontested in divorce?

An uncontested divorce means that you and your spouse agree child custody, spousal support, child support, visitation, and division of property. If you find that there is no need to fight over these things, you've already saved yourself thousands of dollars.

How to start a divorce?

One of the best and simplest ways to do that is to start a divorce file. In this file, keep every bit of paper that could have an effect on how your divorce proceedings. Gather copies of all important financial documents and access to all account information. Keep it organized and easy to navigate.

Is divorce law firm bigger than solo practice?

In any industry, the larger a company is, the bigger volume it's doing. Divorce law firms are no different, prompting many people to seek a solo practitioner who is more invested in the outcome of your case. Paradoxically, however, if the solo practitioner does not have adequate support staff in his or her office, your case may end up not getting the attention and care you were promised.

What is mediation in divorce?

Mediation is a process whereby you and your spouse sit down with a neutral third party to negotiate several important areas of divorce. It's a low-cost way to address practically any other disagreement you and your spouse may have. While the mediator's decision is not binding, it allows a neutral party to provide their perspective on how divorce related issues should be addressed. However, mediation can only be a useful tool if you and your spouse can come to an broad agreement.

Diane L Gruber

First, these are questions you should ask your divorce attorney. Secondly, IF you/your attorney files a Response to his Appeal, you should ask for attorney fees. Whether you get them, will depend upon the Court of Appeals' ruling. His chances of succeeding in the joint legal custudy & 50-50 parenting time issues are nil...

Anneshia Miller Grant

You may have prevailed at the last hearing, but winning a court case is not official until the court enters a final order. By him appealing the decision, which is every person's right under our legal system, the case is not over.

Jay Bodzin

You can certainly ask that the Court order him to pay your attorney fees incurred in the appeal. You'll only be awarded attorney fees if you win.#N#It seems quite likely, from your description here, that you'll win at least part of it. Under Oregon law, a court can only award joint custody of children if both parents...

What is a QDRO?

A Qualified Domestic Relations Order (QDRO) is a judgment, decree or order that creates or recognizes the existence of an alternate payee's right to receive, or assigns to an alternate payee the right to receive, all or a portion of the benefits payable to a participant in a retirement plan.

Is a blog post legal advice?

All articles/blog posts are for informational purposes only, and do not constitute legal advice. If you require legal advice, retain a lawyer licensed in your jurisdiction. The opinions expressed are solely those of the author, who is not an attorney.

Can support arrearages be paid through retirement?

Support arrearages can be ordered to be paid through the non-paying ex’s retirement plan. But, meticulous review by a qualified attorney is essential before drafting a QDRO for recovering past-due support payments.

Do ex husbands honor divorce settlements?

The sad truth of the matter, borne out by U.S. Census data, is that the majority of ex-husbands simply don’t honor the financial terms of their divorce settlements. Moreover, it can be exceedingly difficult to get your non-paying ex to make good on his obligation for spousal support.

Why do I get divorced?

If I had to bet, I would say that one of the reasons you are getting divorced, or already divorced is because of conflicts with your spouse over parenting. It's very common and one of the more stressful phases of a divorce.

What happens when you retain a lawyer?

When you retain a lawyer, whether for a divorce or another issue, the lawyer is ethically charged with holding what you say to him/her as confidential.

Who is Jason Levoy?

Jason Levoy, a/k/a The Divorce Resource Guy, is an attorney who teaches people without a lawyer how to navigate the divorce process and represent themselves in court.

Do divorce attorneys get paid?

Attorneys are not free. They get paid for provide you with their time, knowledge and services. Now, it's often the case in a divorce that money is tight and most attorneys are sensitive to this, but they have to pay their bills too and can't work for free. You can't expect them to work for free.

Do attorneys charge hourly?

Most attorneys charge on an hourly basis, which is stated in your retainer agreement. Clients pay for an attorney's time. Your attorney is not your therapist, although I play one on t.v. I always tell clients I will talk to you as long as you want, but don't be surprised when you get the bill.

Is it important to have a therapist?

It's very important, but that's more the job of a therapist. If you're going to spend money, might as well do so to a qualified professional counselor. Your attorney will contact you when he/she needs something from you. There are periods in every case where nothing is going on and there is down time.

Can an attorney help you?

You don't help him help you. Remember, your attorney is YOUR advocate, even if you don't always feel that's the case. However, he is not a mind reader. Your attorney can only work with what you tell him and what documents you give him to back up what you tell him.

What is a good attorney for divorce?

An experienced family law attorney is often a good idea for situations where the divorcing couple has a large amount of assets, property or other complicated financial matters. In more contentious divorces, an attorney can make sure that your interests are represented in court.

How to prepare for divorce?

If you’re thinking about divorce, you need to immediately begin to set aside money for the all the expenses involved. Make copies of all your financial documents and legal records before your divorce proceedings begin.

Can you use your kids to manipulate your spouse?

This should go without saying, but unfortunately, it still happens, even unintentionally. Check your own behavior and don’t use your kids to punish or manipulate your spouse. In the end, this will cause resentment and have a negative impact on the relationship you have with your children.

Is it normal to want to tell someone about divorce?

Emotions are running high, it’s perfectly normal to want to let others know what’s going on in your life. You may desperately want support, you may not want to suffer in silence, or you may just want to punish your partner and embarrass them. This doesn’t mean that you have to keep your a divorce secret from everyone, you just need to decide who you tell and why.