Who pays attorney fees during divorce will depend on many different considerations. Courts generally aim to encourage parties to settle and may award those who pursue frivolous or vexatious claims or fail to cooperate more heavily in their cases higher attorney fees.
if you wish to request the court order your spouse to cover your attorney fees, this must be included as part of your Original Petition for Divorce.
The parties themselves
Divorces often entail both parties using their individual financial resources to pay attorney fees; however, if there is an extreme disparity in income between spouses, then courts may require one partner to contribute toward covering legal costs of their partner.
Judge’s discretion also plays an integral role, as courts frequently encourage settlement of divorce cases in order to save both time and money. A judge will often give preference to one spouse who shows willingness to settle; conversely, taking unnecessary cases to trial often necessitates paying more of attorneys’ fees than usual.
Some couples opt for setting up a joint checking or savings account as another method to cover legal expenses during a divorce. No matter the method you and your partner select for covering attorney fees, it is crucial that detailed records be kept so the judge can ensure both parties are paying their fair share.
The court
Not every judge awards legal fees as part of equitable distribution. Instead, judges may award legal fees to petitioning spouses in cases in which one party engaged in bad faith – for instance by not adhering to court orders, hiding assets or unnecessary taking of cases to trial.
In cases where there is a major disparity in salaries between yourself and your partner, you can request that the court cover your lawyer fees in your initial divorce petition. Your lawyer can help make this argument before it will be considered by the judge. In certain instances, they can even authorize petitioning spouse to incur debt in order to cover interim attorney fees or liquidate nonliquid assets to cover those fees; this option is more commonly chosen if one party was responsible in initiating divorce proceedings.
The at-fault party
Divorce can be financially stressful. One of the primary concerns during this process is paying attorney fees for each party involved; which spouse pays depends on several factors; including financial status of both partners involved – in instances where both have access to substantial assets that allow for sharing of costs equally for attorneys fees and court costs.
However, if one spouse is significantly wealthier than the other, the court may order them to cover the other’s attorney fees. Furthermore, the court takes into account both parties’ conduct during the case: for example if one engages in bad faith by prolonging proceedings needlessly or engaging in misconduct by concealing assets then this may compel that spouse to cover his/her partner’s attorney fees.
Spouses who are struggling to afford legal representation should contact an experienced attorney about applying to the court for financial help. It is best to do this as early as possible in their divorce so a judge can make an informed decision about who pays attorney fees.
The wealthier spouse
In cases where one spouse has significantly more financial resources than their counterpart, a court may order them to cover attorney fees for their dependent partner – however this must be requested as part of the original petition for divorce.
Complex cases typically take more time and resources to resolve, thus necessitating more expensive legal representation. Your attorney must conduct an in-depth investigation of all assets involved and allocate them fairly – this might involve consulting forensic accountants, therapists, as well as child custody evaluation experts if needed.
Your spouse could also be ordered to pay your attorney fees if they act in bad faith during your divorce proceedings, such as refusing court orders or discovery requests, by failing to abide with court orders and discovery requests or by concealing or dissipating marital assets. Such behavior could significantly extend a divorce.
