QUESTION
Can I make my husband pay for the divorce fees?
Asked on Aug 25th, 2011 on Child Custody - Oregon
More details to this question:
My husband has been abusive toward me and my children for years. I make a decent income so I pay for all of the family expenses. He makes a small income which is spent on liquor/attorney fees for fighting his multiple DUIs. I pay his phone bills/insurance and everything. He doesn't watch the kids and contributes in no way whatsoever. Recently he admitted to cheating. He's willing to sign anything because he knows he is screwed and the marriage is completely broken. I'm not letting this chance slip. My children want him gone (he doesn't interact with them at all) and I am ready to push for a divorce. The only thing holding me back is the fact that I have saved up a decent amount of money and don't want to waste it on him. Given his admission to cheating, would I be able to sue him after our divorce for my fees and expenses regarding the divorce? Thank you in advance!
16 ANSWERS
"Cheating" per se is irrelevant. You need a consultation with a family law specialist.
Answered on Sep 02nd, 2011 at 11:24 AM
You probably won't get much in the way of attorney fees in the situation you describe. In Washington, in a divorce case, there are generally two bases upon which a court can make an award of attorney fees. They are (1) need and ability to pay and (2) intransigence. Since you make more than he does, it would probably be hard to convince a court that you have a need for attorney fees and that he has an ability to pay your attorney fees. If fact, if he makes a lot less than you, this standard could actually work against you. The intransigence standard applies when one party so abuses the legal process that it makes a case unnecessarily long, complicated, and expensive. So, unless your spouse does something like that, intransigence also will not be a basis for attorney fees. You mention his "cheating." However, the statute in Washington says that the court is to make a fair and equitable division of the debts and property without regard to marital misconduct. Therefore, his cheating also will not help you on the issues of property division and attorney fees.
Answered on Aug 26th, 2011 at 8:38 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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Unfortunately, most likely not, especially if you earn more money than he does and are in a better position to pay for an attorney. However, I would agree about striking while the iron is hot and he is willing to be agreeable. You should immediately consult with an attorney and have them draft a full marital settlement agreement.
Answered on Aug 26th, 2011 at 12:57 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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Any party can include a count for legal fees in a divorce or file a Petition for Fees. Whether that would be successful would determine on factors such as the parties' respective incomes, etc. Do not miss the chance to get his cooperation on the divorce because of this relatively minor issue.
Answered on Aug 26th, 2011 at 12:30 PM
Steven D. Dunnings
If you hire a lawyer for the divorce, he/she could request for attorney fees and costs in the complaint. Based on the small income he has, compared to yours, I doubt a Judge would grant that request, but based on the infidelity, you should get the lion's share marital estate. You should understand that the courts do not consider who earned what during the marriage since it is considered a partnership, in terms of splitting property and debt, but fault during the marriage can be considered in dividing the property.
Answered on Aug 26th, 2011 at 12:21 PM
No, you can't sue after the divorce for the cost. It is all negotiated as part of the divorce. Since he will agree to your terms, it should not cost too much. We offer a forms only service for people who do not need help assessing assets, debt or other items.
Answered on Aug 26th, 2011 at 10:30 AM
Roianne Houlton Conner
I am afraid not. The reimbursement for the attorneys fees and filing fees need to be addressed in the divorce.
Answered on Aug 26th, 2011 at 10:20 AM
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Your suit for attorney fees and costs would have to be part of the divorce and it is unfortunately based on need and ability to pay. If you have him ready to sign an agreement that is favorable, you may consider eating the expense to get what is more important to you. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
Answered on Aug 26th, 2011 at 9:36 AM
Bankruptcy Attorney serving Huntington Beach, CA
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The English Law Firm
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The fact that he cheated is of no consequence. In fact, since you make the bulk of the income, you might be on the hook for a contribution for his attorney's fees in the dissolution.
Answered on Aug 26th, 2011 at 8:49 AM
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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CA is a no fault state. However, if he is agreeable to everything because of the guilt, the costs should be minimal.
Answered on Aug 26th, 2011 at 8:45 AM
Glen Edward Ashman
You contradicted yourself in your own post. Either he is agreeable on ALL issues (that includes legal fees) or he is not agreeable period. There is no in between. If he is agreeable, you probably spend about $1000 or so to get divorced with a lawyer. If he isn't you will spend many times that and have to pay that up front in the distant hope you get an award later from someone with no money. If he agrees on everything, pay the smaller amount and ignore the potential to spend a lot to likely not collect a lot.
Answered on Aug 26th, 2011 at 5:51 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Yes, but the question of who pays attorney fees is the last question to be decided by a judge at the end of a divorce case. There are no fixed rules and it will be matter for the judge to decide after considering ALL of the relevant financial circumstances. His cheating is totally irrelevant to the legal issues.
Answered on Aug 25th, 2011 at 8:30 PM
Contracts & Agreements Attorney serving Chantilly, VA
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Raheen Law Group, P.C.
Please meet in person with an attorney to evaluate your case. If your husband would not put up a fight and is ready to "sign anything," then your divorce might not be that costly. The fact that he committed adultery would certainly weigh against him.
Answered on Aug 25th, 2011 at 7:40 PM
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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His cheating is not a basis for an award of fees. In Washington, fees are typically awarded based one one's need and the others ability to pay, or based on intransigence (i.e. being difficult).
Answered on Aug 25th, 2011 at 7:39 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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In Washington, his cheating is irrelevant to an award of attorney fees.
Answered on Aug 25th, 2011 at 6:59 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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No. Include a provision in the divorce judgment that he will pay you $X for the fees and costs you've incurred.
Answered on Aug 25th, 2011 at 6:57 PM