QUESTION

Who pays attorney fees in a divorce?

Asked on May 15th, 2015 on Divorce - Nebraska
More details to this question:
My husband has been threatening me with divorce. It is not something that I want. If it were up to me none of this would happen. He says he is going to serve me soon. If he does, does that mean that I have to pay the divorce fees? I know how expensive it is and cannot afford to pay at this time.
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11 ANSWERS

You can ask the Court to order him to contribute to your attorney's fees, you might not get 100%. Good Luck.
Answered on May 18th, 2015 at 6:47 AM

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Family Law Attorney serving Durham, NC at Morelos Law Firm
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No attorney's fees can be sought or granted for ONLY a divorce claim. But if other claims are in there, such as custody, child support, and/or spousal support or alimony then it can be something he could ask for per the statute and it would be up to the judge based on numerous factors on whether that was granted. But that being said, I can tell you that these days it's really hard for one to get attorney's fees in most family cases, unless they are very destitute, unable to work, the one who will have the minor child/ren primarily, and depending on how much if any child support or alimony would already need to be paid by the payor. You should consult with a local family law attorney to discuss your rights, especially once you get served with whatever papers your husband is referring to (which by the way may not be a divorce lawsuit at all but could be something called a separation agreement). All the more reason to contact an attorney as soon as you receive anything
Answered on May 18th, 2015 at 6:31 AM

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Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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Equity dictates who pays the fees If he can afford it more he may be held responsible for paying your attorneys fees contact a lawyer
Answered on May 18th, 2015 at 4:53 AM

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Family Attorney serving Sacramento, CA at Peyton & Associates
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Attorney her awards are based on a balancing of both parties' incomes. If he makes a lot and you don't, the court can order that he pay some of your attorney fees. The same is true if you make a lot and he doesn't. Talk to a family law attorney in your community to protect yourself
Answered on May 18th, 2015 at 4:37 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Each arty pays their own counsel unless there are extenuating circumstances. No specific fact, no possible specific answers. You are welcome to call and engage Musilli Brennan Associates PLLC to potentially represent you.
Answered on May 18th, 2015 at 4:35 AM

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Domestic Relations Attorney serving Omaha, NE at Diane L. Berger
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Usually everyone pays their own fees unless one party earns a lot more than the other.
Answered on May 18th, 2015 at 4:13 AM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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Each prty hires and pays their own attorney, you may ask the Judge for the other party to pay for both.
Answered on May 18th, 2015 at 4:12 AM

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During a divorce, either spouse may request child support (if there are children ), and spousal support and a contribution toward their necessary attorney fees (if the other spouse earns significantly more than the one requesting support does). If there are children, child support will be based on 5 main items: number of children, income of mother, income of father, custodial timeshare/percentage of time the children spend with each parent, and out of pocket payments for health insurance for the family. This is a computer formula, it takes the above 5 factors into an accounting program and spits out a number. If there is a significant difference in incomes the lower earning spouse may also get some spousal support and a contribution toward their attorney fees, if the Judge deems that it is fair, equitable, and necessary.
Answered on May 18th, 2015 at 4:10 AM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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Unless a court orders otherwise, each party has to pay his/her own legal fees.
Answered on May 18th, 2015 at 4:05 AM

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Each party usually pays their own attorney?s fees. If, however, he gets an attorney, I would certainly recommend that you get one also. You are no match for an attorney in a legal matter, especially when there is marital property to divide, marital debts to divide, minor children of the marriage to workout visitation and child support, alimony to discuss, etc. There is too much at stake for him to have an attorney and you not to.
Answered on May 18th, 2015 at 4:02 AM

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Family Law Attorney serving Lincoln, NE
Partner at GordenLaw, LLC
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Attorney fees are usually paid by the person who hired the attorney. One spouse or the other can be ordered to pay attorney fees if one spouse makes a lot more money than the other or behaves badly by dragging out the process unnecessarily for example. You should at least visit with an attorney to know your rights and responsibilities.
Answered on May 15th, 2015 at 5:24 PM

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