when the man has more money for attorney fees divorce

If so, the spouse who earns the higher income may be ordered to pay some or all of the other spouse’s attorney fees. If the spouses have similar income or the one with less income will end up with substantial marital assets after the divorce, each spouse will likely be required to pay his or her own attorney fees.

Full Answer

Why are my attorney’s fees so high during a divorce?

 · To request fees during a divorce, one spouse must file a Request for Order with the court. ... Even if both spouse’s are ‘well off’, the court can award fees if one spouse has significantly more income, assets and/or liquidity. Since California is a ‘no fault’ divorce state, fees are not awarded for ‘bad’ behavior outside the ...

How much does a divorce cost without a lawyer?

 · 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.

Who pays for a divorce attorney?

Family Code section 2030 is intended to create a “level playing field” so that one spouse cannot take advantage of the other simply because one has more money than the other spouse. The law works to achieve “parity” or equity when there is a disparity or difference in income so the parties can retain independent lawyers to represent them through the divorce proceeding.

What really drives up divorce costs?

The short answer is “Probably not.” Let’s consider the general rule, then the exceptions. The general rule under the PA Divorce Code is that each spouse will pay their own attorney’s fees. It doesn’t matter who wanted the divorce or who did anything right or wrong during the marriage.

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.)

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 factors are considered in determining a dependent spouse's income?

In making these determinations the judge will look at all relevant factors, including the dependent spouse’s disposable income ( i.e. total income minus necessary living expenses) and separately owned property.

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.

What is a one-sided divorce?

Including enforcement or modification of support or custody orders. 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 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 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 ...

How is divorce attorney fee determined?

The amount of divorce attorney fees awarded is determined in two parts. First, the family court will determine how much the lawyer’s time is worth . This might be surprising, but the court will not simply apply the fees that the lawyer has been charging you throughout the litigation.

What is the law underlying divorce attorney fees award?

In some states such as California, the statute underlying divorce attorney fees award clarifies that if one party can afford to pay the legal fees for both sides and he/she is unwilling to do so, then the court will give an order to “ level the playing field ” between the divorcing couples.

What is Legal Giant?

At Legal Giant, we strive to ensure that you work with the best team of experienced divorce lawyers that will do everything possible to protect your interests and rights throughout the divorce process. Contact us today and let us set up an initial consultation meeting to discuss your case.

What happens if my spouse delays my divorce?

If your spouse or his/her attorney starts to engage in delay tactics, it will automatically lead you to incur higher attorney fees. Your divorce lawyer will have to respond to unending motions, file his/her own motions to force the other party to comply with court orders, and keep going back to the court for rescheduled hearings.

Does each party in divorce pay attorney fees?

This means that each party in the divorce will pay a specific portion of the attorney’s fees for the financially struggling spouse

Why do courts discount attorney fees?

Sometimes, the court may choose to discount the full attorney fee when the primary reason for ordering your spouse to cover both fees is a financial difference in earnings.

What happens if both parties make the same amount of money?

Therefore, if both parties earn almost the same amount of money, the court will be inclined to let each party bear the burden of his/her own attorney fees.

What to do if you have paid a lot of money for divorce?

You should first ask the attorney for an accurate accounting of time spent on the divorce for money paid. You may also seek the assistance of the court/judge of you feel your attorney has overcharged or billed you for this matter/representation.

What to do if your spouse agrees to a divorce?

If your spouse agrees, you might want to consider Mediation. Mediation is Fast, Effective and AFFORDABLE. Good luck.

Can a lawyer withdraw as counsel?

In all likelihood, if the lawyer request that he withdraw as counsel and asserts valid grounds, the lawyer's request will be granted. The judge may order the attorney to represent you at a certain hearing or trial if the attorney's withdraw would jeopardize your case. Report Abuse. Report Abuse.

Can an attorney withdraw if he is not paid?

Your attorney will be able to withdraw if he is not being paid... usually a judge will not order him to stay on without getting paid .. you would have to have a great reason to force him to continue.. lack of funds is not enough. You can act pro see or you can hire another attorney if you can afford one. Report Abuse.

Can you represent yourself without an attorney?

Very unlikely. We gave up on slavery in this country a long time ago. You can represent yourself with or without getting advise and coaching from an attorney which greatly decreases your legal costs.

Can a judge order an attorney to remain on the case?

There is no chance that the Judge will order the attorney to remain on the case. If you have incurred $30,000 in 3 months and nothing has been accomplished, why would you want to remain with that attorney anyway? You would just have to continue to pay him money. If the other side has funds from which you can pay attorney's fees, then perhaps a change of attorney and a request for attorney's fees from the other side is appropriate.

Can you give a lien to a lawyer?

You may be able to give the lawyer a lien on real property in lieu of payment now, if he accepts and your soon-to-be ex can't talk the judge out of it. You may be able to get the judge to direct your attorney not to withdraw, but think hard before you go there.