QUESTION
Is it possible to make my husband pay the full amount of the divorce since he is the one who wanted it?
Asked on Aug 11th, 2013 on Divorce - Arizona
9 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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No. You can ask for attorney's fees, but only if you have the financial need and he has the ability to pay. Who wanted the divorce is irrelevant.
Answered on Aug 20th, 2013 at 10:10 PM
4 Awards
Your husband's desire to divorce is not the basis for his paying for the attorney fees. Attorney fees are awarded based on each party's ability to pay and their respective needs.
Answered on Aug 20th, 2013 at 10:10 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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In most places the fact that one spouse or the other wanted the divorce does not have any weight in determining who should pay for which expenses.
Answered on Aug 20th, 2013 at 10:10 PM
Alternative Dispute Resolution Attorney serving Farmington Hills, MI
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DeBrincat, Padgett, Kobliska & Zick, Attorneys & Counselors at Law
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The court must make a "fair and equitable disposition" of the marital estate. Marital fault may be considered by the court in making a fair and equitable determination, but it does not generally matter who wants the divorce and who doesn't.
Answered on Aug 20th, 2013 at 10:10 PM
No. payments of attorney fees are based on each party's ability to pay. California is a no fault divorce state so blame is not part of the case.
Answered on Aug 20th, 2013 at 10:10 PM
Family Law Attorney serving McDonough, GA
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South Atlanta Family Law
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The general rule is that each person pays their own attorney's fees and costs. If he agrees to pay it, then yes. Otherwise, you will have to convince the court that he should pay for the divorce for what ever reason e.g., he cheated and caused you to have to file, you are unemployed and cannot afford it, he earns significantly more income that you etc.
Answered on Aug 20th, 2013 at 10:10 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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In Washington State, whether the court orders the other party to contribute to the payment of your attorney fees depends on a number of factors. An oversimplification of those factors are: (1) whether you have the economic need and (2) whether he has the economic ability to pay. Whether he filed the divorce action or "wanted" the divorce are not factors considered by the court.
Answered on Aug 20th, 2013 at 10:10 PM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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Just because he wants the divorce does not necessarily mean he has to pay all the legal costs involved. If you want him to have to pay your lawyer's fees, you must prove that you cannot afford to pay your lawyer (because you are a stay-at-home mom, or something like that), and that your husband has the financial means to pay for your lawyer.
Answered on Aug 20th, 2013 at 10:10 PM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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In Arizona, by statute (A.R.S. 25-324) a judge may consider an award of attorney fees based upon the relative financial situation of the parties, or based upon the reasonableness of positions taken by either party. The fact that your husband is who wants the dissolution is not necessarily a basis for an order of fees.
Answered on Aug 20th, 2013 at 10:09 PM