QUESTION
What are the situations where a husband would be required by the court to pay his wife’s attorney's fees?
Asked on Apr 03rd, 2014 on Divorce - Rhode Island
More details to this question:
Is there any situation where a husband would be required by the court to pay the attorney fees of the wife? In my case, I have been married 19 years, a stay at home mom for 14 years and have very limited income and my husband has decided he wants a divorce. We have 1 minor child who will remain living with me.
8 ANSWERS
You need to file a motion for support and an order to pay attorney fees.
Answered on Apr 07th, 2014 at 10:59 AM
Bruce Provda
It is not unusual for a court to award payment of attorney's fees to be paid by the higher earning spouse. You should consult with a local family attorney and definitely be represented considering what assets might be involved in a marriage this long.
Answered on Apr 03rd, 2014 at 6:55 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Presumably the child will have some residential time with each parent. Attorney's fees are ordered to be paid by the other party if there is a huge economic difference between the earnings of one and the other party or if a party impedes the process through intransigence or some other reason outlined in the case law.
Answered on Apr 03rd, 2014 at 6:54 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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He's got the money, you don't. That is about as good a reason as any. Talk with your divorce attorney about it.
Answered on Apr 03rd, 2014 at 6:54 PM
The courts can award attorney fees if you can show a need and inability to earn income and you can show the other side's ability to pay your fees. Talk to an experienced family law attorney in your area to get more detailed information on this point.
Answered on Apr 03rd, 2014 at 6:54 PM
2 Awards
Awards of fees in a divorce proceeding are unpredictable. Pursuant to Section 61.16(1), F.S., "[t]he court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount for attorney's fees, suit money, and the cost to the other party of maintaining or defending any proceeding under this chapter." This means that the Court generally considers each spouse's need for an award of fees versus each spouse's respective ability to pay. Consequently, it tends to be the financial circumstances of the parties which determines if there will be an award of attorney's fees in a dissolution of marriage proceeding in the first place. I would consult with a family law attorney in your area as to the particulars of your case as your inquiry is case specific.
Answered on Apr 03rd, 2014 at 6:54 PM
By your question, I am assuming your spouse has an attorney. My suggestion is for you to not concern yourself with who will pay your attorney fees, that will be for your attorney to pursue, but to be concerned in getting yourself an attorney so you're on equal grounds going through the divorce process. Don't procrastinate. Get an attorney ASAP.
Answered on Apr 03rd, 2014 at 6:54 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, it is possible that in your situation your about to be ex-husband could be ordered by the court to assist in the payment of your attorneys fees, or that the attorneys fees which you incur be allowed to be taken out of the marital estate prior to its distribution. All divorces are fact driven and individual in nature and therefore a from her opinion is not available at this time and on the facts provided.
Answered on Apr 03rd, 2014 at 6:53 PM