During Our Divorce Can My Husband Be Made To Pay For My Legal Fees?
Today’s question comes to us from Marisol, and she wants to know can her husband be made to pay for her legal fees in their divorce.
So, Marisol is in the process of filing for divorce, and she is struggling financially and wants to know if her husband can be made to pay for her legal fees. What I explained to Marisol is, in my firm, we always ask for the other party to pay for attorney fees, but this is awarded solely by the judge. And the judge will look at different factors in making that decision.
So, each spouse in a divorce or a custody case or any legal case is expected to be responsible for paying their own legal fees out of their own resources. However, there are instances when one party is not as financially privileged as the other and therefore it may necessitate the other party paying for those fees. We ask the court in motion to see if the other party will pay for the fees.
The court looks at factors such as the income of the parties, Is it earned by both parties equally or different, is the discrepancy so great that one party is making significantly more money than the other, or one party was a stay-at-home person and the other will continue to work during the marriage and that second party does not have any means to pay for the matter in court?
The court will also look to see if one spouse has control of all the financial institutions such as bank accounts, credit cards, any means of financial way that a party can pay is controlled by one party thus the other party is at a disadvantage and is not able to pay for their legal matter.
And the third thing that the court might look at, is the party filing for the divorce for example, in this case, acting in good faith? Are they doing this, is this a real case that has merit? Is the party dragging out the case to force the other party to incur additional and unnecessary legal fees? The court looks at all three factors and possibly more. To keep the parties in equal footing, everybody must be as equal in their representation as possible to make it a fair legal matter.
The court will look at all that to make sure that both parties are on an even playing field. And if it finds that it necessitates one party paying for the legal fees of the other, the court will order that. I hope Marisol that this has answered your question. If you have further questions that you want discussed this further, please go to vegasdivorcemeeting.com. I’ll be more than happy to sit down with you to discuss this further.
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