when going through a divorce who pays for attorney fees

In many cases, each party is responsible for paying his or her own lawyer’s fees in a divorce. In some circumstances, one spouse can be ordered to pay the other spouse’s legal fees. Can My Spouse Be Order to Pay My Attorney’s Fees During a Divorce? Yes and no, depending on several factors set forth by statute and case law.

Full Answer

Can my spouse make me pay her divorce attorney fees?

Apr 16, 2019 · 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. You are a dependent spouse, such as a stay-at-home-parent, with little or no income.

Do I still have to pay my divorce attorney fees?

In Florida, Section 61.16 of the Florida Statutes creates a notable exception to the general rule requiring each side to cover his or her respective attorney fees. Specifically, the statute says the courts can order one side to pay the other side’s attorney’s fees in a dissolution of marriage after considering both parties’ financial resources.

Why should I hire a divorce attorney?

When Judges May Deny In addition to court-ordered awards for attorney fees, the spouses themselves can form their own agreement on who pays. This type of agreement is most commonly seen in post-judgment divorce and paternity actions over child custody and support issues, with the loser deemed responsible for reasonable fees.

How much does a divorce lawyer cost?

Sep 24, 2019 · In many cases, each party is responsible for paying his or her own lawyer’s fees in a divorce. In some circumstances, one spouse can be ordered to pay the other spouse’s legal fees. Can My Spouse Be Order to Pay My Attorney’s Fees During a Divorce? Yes and no, depending on several factors set forth by statute and case law.

When Does a Spouse Have to Pay?

In Florida, Section 61.16 of the Florida Statutes creates a notable exception to the general rule requiring each side to cover his or her respective attorney fees.

Get the Answers You Need Today

If you have questions about the divorce process in Florida, a Tampa Board-Certified Family Law Specialist can answer your questions and give you peace of mind about your case. Get in touch with a Tampa divorce lawyer today.

Does filing for divorce bring costs?

Filing for divorce does bring some unavoidable costs, but an experienced family law attorney can help explore lower-cost resolution options, as well as whether the other side may be ordered to pay fees. Christopher L. Arrington, P.A. customize their approach to the facts of each case to get the best possible result. Contact the Danville law firm today to schedule an appointment.

Do you have to pay your own attorney fees in Indiana?

Generally, parties in court cases are expected to pay their own legal expenses; so, to convince a court to shift this burden to the other spouse requires significant justification. Indiana law specifically authorizes courts to award reasonable attorney fees for maintaining or defending a divorce case, as well as for legal services provided before and after the divorce proceeding. To determine if attorney fees should be imposed on the other spouse, the court examines the following factors:

Do I Need a Divorce Attorney?

You should consider hiring a divorce attorney if you want professional assistance in determining and pursuing ideal outcomes for legal decisions making, parenting time, child support, property and asset division, and spousal support.

Collaborative Divorce is a Peaceful Divorce Option

Divorce litigation can be scary and emotionally draining for you, your spouse, and your children. But it doesn’t have to be that way with collaborative divorce. The collaborative process can result in a less expensive, more efficient, and less harmful outcome for everyone involved.

OUR PROFESSIONALS CAN HELP WITH THE COLLABORATIVE PROCESS IN ARIZONA!

The collaborative divorce process is designed to help people who are willing to work together to make an agreement that benefits the family. Resources that help parents communicate effectively during this process can help them model appropriate behavior for their kids.

What is Nolo for divorce?

Nolo is in a unique position to gather information about what actually happens in divorce cases across the country. Thousands of people visit Nolo.com and other Nolo sites every day, seeking legal information about divorce and looking to connect with divorce attorneys.

Do I need an attorney for divorce?

Although most people would prefer to have an attorney by their side when going through a divorce, many also worry about how much this will cost. Even if you've called around or visited the websites of various divorce attorneys, you may still wonder if a lawyer is charging too much, or even too little ...

How to request fees during divorce?

To request fees during a divorce, one spouse must file a Request for Order with the court. The Court will schedule a court hearing for you and your spouse to ‘argue’ your respective positions and then the judge will make a decision.

What issues need to be resolved in a divorce?

The issues that need to be resolved in your divorce are property & debt, child custody, child support and spousal support. Additionally, attorney fees need to be considered and resolved in a way that makes sense for you and your spouse. The Family Code allows the court to award fees in the amount that are “reasonably necessary” to properly litigate ...

What is need based fee?

The Family Code allows the court to award fees in the amount that are “reasonably necessary” to properly litigate and/or negotiate a divorce. “Need based” fees can be requested at any point during your divorce.

What are some examples of fees as sanctions?

Some examples of when fees as “sanctions” may be appropriate income (but are not limited to): 1. Withholding important information about your child’s health or welfare from the other spouse; 2.

Can a divorce judge award fees for bad behavior?

Since California is a ‘no fault’ divorce state, fees are not awarded for ‘bad’ behavior outside the context ...

Is it easy to request fees?

Requesting fees is not easy. The forms are quite procedural and require you to do a lot of work to show there is a disparity in access to funds and you need legal help. That being said, if the court finds that these factors are met, the judge must order that fees be paid.

Is California a no fault divorce state?

Since California is a ‘no fault’ divorce state, fees are not awarded for ‘bad’ behavior outside the context of the divorce action. So, for example, if the reason you are obtaining a divorce is because your spouse habitually cheated on you, the court will not consider that as a basis for awarding you fees.

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 a working spouse be a dependent spouse?

However, working spouses can also be determined dependent spouses.

Can you get equitable distribution with divorce?

Equitable distribution can be brought with an action for divorce or as its own separate action. One exception to this rule allows for reasonable attorney’s fees for a spouse who owns separate property and is suing the other to regain possession of their property. As described above, there is also an exception that can result in attorney’s fees ...

Can you get attorney fees for divorce?

Attorney’s fees can be awarded for the following family law proceedings: Divorce. Attorney’s fees are not usually available for the division of property, or equitable distribution, portion of a case. Equitable distribution can be brought with an action for divorce or as its own separate action. One exception to this rule allows for reasonable ...

“Need-Based” Attorney Fees

“Conduct-Based” Attorney Fees

Practical Attorney Fee Issues

• The possibility that your spouse may pay for your attorney fees does not typically alleviate your responsibility to pay your attorney. In other words, your divorce attorney is working for you, among other things, to get an award for attorney fees. However regardless of whether you receive those fees later, you still owe your attorney for the work h...

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