how can i get my soon to be ex husband pay for my attorney fees?

by Mr. John Marvin V 5 min read

If you think you will qualify to have your attorney’s fees paid by your soon-to-be-ex spouse, you must make this request prior to the alimony hearing so that the opposing party knows you are seeking this relief. You can make this request in a pleading or motion. Your divorce attorney can advise you on the best way to make the request.

Most lawyers charge a retainer fee when you hire them. The Probate and Family Court can order your spouse to pay some or all of the fees your lawyer charges in your divorce case. You can be the plaintiff or the defendant in your case and still ask the court to order your spouse to pay your lawyer's fees.

Full Answer

Can my spouse pay my attorney’s fees?

Can I Get My Ex Spouse To Pay For My Attorney Fees? The cost of hiring an attorney in a divorce case can be very expensive, depending on the circumstances and complexities surrounding your situation. Sometimes, the court will order one party to pay a portion of the attorney fees incurred by the other party, especially if one party earns more than the other; however, the family court …

Can I get my ex-wife to pay for my legal fees?

 · A court by statute may order one spouse to be responsible for some or all of the attorney fees incurred by the other spouse. The fees must be “reasonable,” and the court must consider the ability of each party to pay attorney’s fees and the conduct of the parties during the marriage and during the litigation.

What can I do if my ex husband owes me money?

Advance on Equitable Distribution. If a spouse does not qualify for a full or partial award of attorney’s, there is still another option to make paying divorce attorney’s fees feasible. A spouse can petition the court to receive an advance on their portion of equitable distribution in the beginning of a divorce case to pay for attorney’s fees. If granted by the judge, this will allow …

Do you have to pay for a divorce attorney?

With regard to seeking attorney fees, in this state, a petition for special relief along with a certification of attorney fees in general must be submitted to the court. Whether or not …


Can my spouse make me pay her divorce attorney fees in California?

No law in California or any other state requires one partner to pay the other's attorney fees. California judges will – in very rare cases – issue an order to one spouse to pay the other's attorney fees, but only – in most cases – if a family's finances are so one-sided that the divorce process would otherwise be ...

Who pays attorney fees in child custody cases California?

Pursuant to Family Code 2030 et seq., California Family Courts are authorized to make an order requiring any party to litigation to pay a reasonable portion of the opposing party's attorney's fees, so that the latter can maintain or defend a proceeding.

Who pays attorney fees in divorce in New York?

spouseUnder New York law, a court can direct either spouse to pay attorney's fees, and expenses for expert fees to enable the other spouse to maintain and defend the divorce action.

Who pays attorney fees in divorce in Georgia?

As a general rule, parties in a Georgia divorce are responsible for their own attorneys' fees. In many cases, however, one spouse will ask the court to order the other spouse to pay his or her attorneys' fees.

Who pays attorney fees in divorce?

The decision about who pays divorce attorney fees is made by the family law judge on a case-by-case basis. In some divorce cases, each party pays their own attorneys. In other cases, one spouse will be ordered to pay all or part of their ex's attorney fees.

When can you recover attorney fees in California?

California is no different than much of the jurisdictions in the U.S. Specifically, attorneys' fees are not recoverable as an item of damages in California with respect to a civil lawsuit unless authorized by (1) a statute or (2) a contract. (CCP §1033.5).

Is dating during separation adultery in New York?

While some states frown heavily upon dating during a divorce and some even consider it adultery, New York judges are rather progressive and don't typically care if a spouse is dating while their divorce is pending in the courts.

What is a monied spouse?

Generally, the “monied spouse”, (the one who earns higher income), is required to financially support the spouse who is unemployed, homemaker, or earning insufficient income to be “self-supporting”, known as the “non-monied spouse.

What is a wife entitled to in a divorce in New York?

New York is now an equitable distribution state. When a spouse files for divorce, the court must divide marital property equitably or fairly. But equitable doesn't necessarily require an equal split of the couple's assets.

Who pays for divorce in adultery?

where adultery is the fact proven, the respondent will pay for 100% of the costs of the divorce (including the court fee). For unreasonable behaviour, the couple will split the costs 50/50. For separation or desertion, the petitioner will pay 100% of the costs.

How many years do you have to be separated to be legally divorced in Georgia?

And there is no specific time period required, although at least 30 days is recommended. So, if you live in Georgia, you are legally separated if either spouse moves out, or moves into another bedroom, with the intention to file divorce.

Can you date while legally separated in GA?

Can I date if we are separated? The simple answer is NO, don't do it. There is no legal upside to you dating while going through a divorce in Georgia and if you choose to date or be in another relationship during your divorce it can have negative consequences on your case.

How to get an attorney's fee for alimony?

However, there are remedies for this! Firstly, if you are a dependent spouse who qualifies for alimony payments or other post-separation support, you can petition the court for an award of attorney’s fees. An order awarding Spouse 1 attorney’s fees means that Spouse 2 must assume legal responsibility for Spouse 1’s reasonable legal costs. An award of attorney’s fees can also be available if one spouse has behaved in bad faith and caused the litigation to drag out unnecessarily. Finally, if an award of attorney’s fees would not be applicable to you but you still face difficulty paying your legal fees, you can also petition the court asking for an advance of your portion of division of property from the divorce.

What does it mean when a spouse awards attorney fees?

An order awarding Spouse 1 attorney’s fees means that Spouse 2 must assume legal responsibility for Spouse 1’s reasonable legal costs. An award of attorney’s fees can also be available if one spouse has behaved in bad faith and caused the litigation to drag out unnecessarily. Finally, if an award of attorney’s fees would not be applicable ...

What is bad faith in divorce?

BAD FAITH/FAULT: A judge will also sometimes award attorney’s fees based not on the financial status of the party but on the basis of fault. Sometimes one side in a divorce case will engage in bad faith behavior that causes a case to drag out unnecessarily, causing the innocent spouse’s attorney’s fees to increase unfairly.

When a divorce is not completely one-sided, what happens?

When a divorcing couple’s financial situation is not completely one-sided, courts will sometimes order the spouse with a larger income to pay a percentage of the other party’s attorney’s fees in proportion to each spouse’s income.

Can a dependent spouse petition for attorney fees?

The dependent spouse must be the side to petition the court and ask for an award of attorney’s fees from the judge. It is generally done as soon as possible in the beginning of a divorce case so that the dependent spouse can obtain quality legal counsel for the remainder of their case. Advance on Equitable Distribution.

Can an innocent spouse get attorney fees?

As described above, there is also an exception that can result in attorney’s fees for the innocent spouse when the bad faith of the other spouse has unreasonably dragged out the divorce proceeding.

Can I get my spouse to pay my divorce attorney?

One of the most frequently asked questions in divorce cases is, “Can I get my spouse to pay my attorney’s fees?” The majority of family law attorneys charge by the hour, which means you can be billed for time your attorney spends on phone calls, meetings, emails, legal research, and court appearances in their crafting the best individualized approach and arguments for your case. The costs can add up, but the old adage that “you get what you pay for” rings especially true in divorce cases. Although some individuals think they might be better off representing themselves in a divorce proceeding to save money, the fact of the matter is they will be at a significant legal disadvantage if the other spouse can afford an experienced and aggressive family law attorney.

What is an award of attorney fees and costs?

An award of attorney’s fees and costs may be granted based on (1) the relative circumstances of the parties; and/or (2) the conduct of the parties’ and/or their attorney that frustrates potential settlement, including any bad faith actions.

Can an attorney's fee be made if one spouse makes more than the other?

Therefore, if one spouse/parent makes a significant amount more than the other party, an attorney’s fee award may be properly made. However, it is important to note that this is only where the disparity in income in significant.

Do you have to demonstrate financial need for an award of attorney's fees?

The Code goes on to state that “In order to obtain an award under this section, the party requesting an award of attorney's fees and costs is not required to demonstrate any financial need for the award.”.

Can a court take a motion for attorney's fees?

The court does not take a motion for attorney’s fees lightly, and as such, a justifiable need for the other party to contribute to one’s fees and costs must be adequately demonstrated. However, financial need is not the only way to seek assistance from the other party with one’s fees.

Jacquelyn F. Luther

In Georgia, when your settlement agreement calls for the payment of attorney's fees to the prevailing (the one who wins) party, it creates an eñfôrceable contractual right. And additionally, O.C.G.A. §19-9-3 (g) provides forthe award of atorney's fees in a custody dispute.

Reid A Seino

You first have to understand that the term "attorney's fees" does not mean that they will pay for your attorney to represent you. What that means is that you can have your attorney's fees compensated back to you.

What does it mean when a lawyer gives you grounds for divorce?

You are emotional, in the midst of heartache, and thinking illogically. If she gave you grounds for divorce, you have even more reason to want to exact revenge.

What is the best place for a lawyer to put forth your best reasons for her to assume the costs?

Your task, and your lawyer’s task, is to make her want to pay your fees, not demand that she does. The property settlement agreement is the best place for you two to put forth your best reasons for her to assume those costs. For strategies, planning and other sound legal moves, consult The Firm for Men’s family lawyers for men, or call our offices at (757) 383-9184.

Can a judge order fees for custody?

The judge may order fees paid for custody cases if you are acting in good faith on behalf of your children, have little or no financial resources, and are directly involved (as the parent or grandparent, for example)

Do you have to pay for the other party's legal fees in divorce?

Similarly, no legal requirement exist s to compel one party to pay for the other’s legal fees in a divorce. The thinking goes like this:

Can an ex wife pay for divorce?

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 clause in the property settlement agreement (or separation agreement, as it is often called).

Can my ex wife pay for my legal fees?

The art and finesse of getting your ex-wife to absorb your legal costs comes in the wording of the agreement. If you can offer strong reasons why she, not you, should pay for your legal services, you may be able to get her to agree.

Do you have to have an attorney in Virginia for divorce?

Virginia is very flexible in some of its divorce law. You do not have to retain an attorney to proceed with a divorce case. No judge or government official will order you to get an attorney, nor will one be provided for you.

Who pays for legal fees in divorce?

Who Pays Legal Fees in a Divorce? In the majority of divorce cases, each party is responsible for their own legal fees There are a few exceptions to this rule but when you file for divorce, or when your spouse files, you should expect to pay for your own attorney.

How much does a divorce cost?

Divorces are stressful mentally, emotionally, and financially. While uncontested or amicable divorces can cost as little as $1,000, contested divorces may end up costing thousands of dollars once it’s all said and done. With that much money on the line, a lot of couples wonder who pays the attorney’s fees in a divorce.

What happens if your spouse is in bad faith?

If your spouse has behaved in bad faith and caused the litigation to drag out unnecessarily, unfairly increasing your attorney’s fees. In these situations, the court aims to level the playing field in regards to finances during the divorce.

Does gender factor into legal decisions?

Gender does not factor into these decisions and there is no law that requires one side to pay the other’s legal fees based on gender (e.g. a wife cannot force a husband to pay her legal fees simply because she is a woman.)

What to do if your ex won't pay?

When your ex won’t pay what he or she owes, you can ask a judge to enforce the family court order. Filing a Petition on Rule to Show Cause. First, you need to let the court know that your ex-spouse or former partner is not ...

What happens if a spouse fails to pay child support?

Although these remedies can be used for any type of contempt of court, the failure to pay child support or alimony often results in the most serious sanctions.

What is the relief of getting a court order for financial support after divorce?

Finally receiving a court order for the financial support you need after a divorce can be a great feeling. Whether it is child support, alimony, or payments for a shared debt, it is often a relief to know that you will have help from your former spouse to make ends meet.

How to file a petition on rule to show cause?

First, you need to let the court know that your ex-spouse or former partner is not following the terms of your divorce decree or child support order. This is done by filing a document called a Petition on Rule to Show Cause.

What happens after a court order to show cause?

After your attorney files the Petition on Rule to Show Cause, the court will hold a hearing. This hearing will determine if your ex is willfully refusing to comply with the order, or if he or she is unable to comply with the order because of some unforeseen circumstances (such as a job loss or lengthy illness.)

Can a judge order a delinquent spouse to go to jail?

Finally, if all else fails, a judge can order a delinquent spouse to go to jail. Though jail is not an ideal situation-since someone in jail doesn’t make much money-a short sentence may motivate the delinquent spouse to catch up on what you are owed. Enforce Your Rights.

Can a delinquent spouse suspend their license?

Besides interfering with the money and assets of a delinquent former partner, the court may additionally suspend that person’s driver’s license or any professional licenses he or she may have. Not being able to drive or make a living in a certain field may be a significant enough push to get your former partner to start making payments.