In Florida the determination of who pays for attorney fees is based upon need and ability to pay. The Court must decide which party has a greater ability to pay attorney fees, as well as each parties need for attorney fees. There is no automatic payment of fees, the court must decide each on a case by case basis. In your case, it sounds like your husband has a greater ability to pay for attorney fees. Your attorney will need to file a motion for temporary attorney fees and costs and ask the court to award temporary attorney fees and costs. Most attorneys will not take a case based upon the hopes of getting paid by the opposing party. As a lawyer handling divorce cases, over the years I have had many cases where a judge ordered a party to pay my clients fees and costs, then that person never pays. As such even an order for one party to pay the other parties fees and costs may not be any guarantee that you actually get paid. Because Florida is a no fault state, it does not matter who wants the divorce or who does not want it, nor does it matter who files, or who has been misbehaving (drinking, drugs, adultery) the decision to pay attorney fees is based on "need" and "ability to pay"
Answered on Apr 05th, 2013 at 4:22 PM