Who Pays Attorney Fees in Divorce?
Going through a divorce is usually stressful for most people. While you still need to deal with the emotions that come with marital breakups, you also need to think about how the legal process will be finalized. During this process, one of the most commonly asked questions is who pays attorney fees in divorce?
What Comprises Attorney Fees in a Divorce?
A divorce case is usually resolved through litigation whether it has been contested or uncontested. Since a marital breakup is complicated and navigating the confusing legal system can be confusing, working with an experience family lawyer helps in making informed decisions. The fees of the attorney comprise all the services rendered during the divorce proceedings:
- Research on applicable statutes and laws
- Gathering evidence for your case
- Analyzing options for division of marital property
- Creating and filing legal documents with the court
- Establishing child support or custody
- Representing you in court hearings
- Preparing and negotiation a settlement agreement
- Following up with meetings and appeals
Deciding Who Pays Attorney Fees in Divorce
Knowing that your legal fees have been covered during a divorce can be a huge relief. However, not everyone can be assured that their spouse will pay the attorney fees of both parties as this varies from one case to another.
Normally, each party in a divorce case is responsible for paying his or her attorney’s fees. However, one spouse may be ordered to pay the other spouse’s legal fees under certain circumstances.
The Divorce law in Arizona gives the family judge the discretion to decide and order any of the spouses to pay all or some of the legal fees and costs of the other spouse.
The judge will consider several factors in making the decision such as the circumstances of the case in making their decision. Other considerations include the financial resources of each party and the reasonableness of the position that each takes during the case.
In some cases, the judge may rule out that both parties pay their own attorneys while in others one of the spouses may be ordered to pay part or all of their spouse’s divorce attorney fees. The judge may also award legal fees if specific misconduct has been established during the divorce proceedings such as fraudulent conveyance or concealing assets.
Based on this determination, the judge will order a party to pay reasonable legal fees and costs of defending or maintaining divorce proceedings.
Also known as a discretionary award, the judge may award these fees and costs if they find a petition was:
- Not filled in good fail
- Not based in law or grounded in fact
- Filed for an improper purpose such as unnecessary delays, harassment, or to increase the cost of litigation to the other party
How an Attorney Can Help in Deciding Who Pays the Fees
A divorce lawyer can make a request for your spouse to pay for your attorney’s fees. The lawyer will also help you sort out several other issues in the divorce case, including child custody, child support, the use of the home, and more.
Requesting that your spouse pay for your divorce attorney’s fees requires that you plead with the court. Usually, you will not be granted this relief until you plead with the court for the petition. The lawyer will guide you in specifying that you are requesting interim attorney fees. These are the fees paid to the attorney by your spouse during the divorce case.
If the court accepts your plead, you will be awarded the fees at the end of the divorce case. This will be a reimbursement of the fees that you will have paid yourself to the divorce attorney during the proceeding.
Is it Common for a Spouse to be Ordered to Pay the Other’s Attorney Fees?
In most divorce proceedings, each party is responsible for paying their own attorney fees and legal expenses. However, it is common for a party to seek an attorney fee award, especially when the other party is deemed to have a greater earning power. You may also see an attorney fee award if the other party owns more assets than you or has shown some form of misconduct during the divorce proceedings.
Get Proper Legal Support in Your Divorce Case
Our divorce lawyers at Schill Law Group will fight on your behalf to ensure your interests and needs are protected in the divorce case. With extensive experience in helping clients from different backgrounds, our team has the skill and knowledge needed to get the best resolution for your divorcee case. If you are wondering who pays attorney fees in divorce or what you need to do to prepare for the case, get in touch with us for guided support.