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Reza Athari & Associates, PLLC | Riana Durrett
In general each spouse will be responsible for their own attorney's fees. There are some cases where one spouse will be ordered to pay the other spouse's fees. For example, if the incomes of the spouses widely vary. The spouse that makes more money may be ordered to pay the costs of the divorce or to assist with the fees of the spouse that has a much lower income. Another situation in which one spouse may be ordered to pay the other's attorney's fees is when the spouse is being punished. For example, if one spouse is being very unreasonable and pushing litigation just to harrass the other spouse, or is refusing to follow court orders, then the court may order the spouse causing problems to pay the other's fees as punishment. Court is Clark County are typically not eager to order one party to pay another's fees and the default rule is that each party pays their own fees.
Answer Applies to: Nevada
Replied: 12/19/2011
ROWE LAW FIRM | Jeffrey S. Wittenbrink
Attorneys' fees for the divorce process are a "community obligation" through the granting of the divorce. This means that the attorneys' fees may be claimed as a reimbursement right when dividing the community property. Your husband is essentially correct, although you may challenge the reasonableness of the attorneys' fees because of his having two (2) attorneys.
Answer Applies to: Louisiana
Replied: 12/14/2011
Wolverine Law | Stuart Collis
Highly unlikely. In fact, if he is in a much better financial condition than you, he may be ordered to pay your attorney fees!
Answer Applies to: Michigan
Replied: 12/13/2011
Reeves Law Firm, P.C. | Roy L. Reeves
No it is not true. He can ask the judge to award him attorneys fees, you do not have to agree and the Judge will only order it if t is fair and equitable to do so.
Answer Applies to: Texas
Replied: 12/12/2011
The Law Office of Cathy R. Cook | Cathy R. Cook
Probably not. While the court does have power to award attorney fees, doing so generally requires that either 1) your husband has no funds to assert his claims unless you pay his fees or 2) you make the case difficult by taking unreasonable positions.
Answer Applies to: Ohio
Replied: 12/12/2011
Mevora Law Offices | Bradley C. Giglio
During a divorce there is a possibility that one spouse would have to contribute towards the attorney fees of the other. The Court makes this decision in large part based on the disparity in income between the parties, meaning the party who makes a lot more than the other is at higher risk of having to pay. However, the court also takes into account how much a person has paid to his/her own attorneys in deciding how much that person would have to pay towards the attorney for his/her spouse. If he makes more than you and you haven't hired an attorney, it will be difficult for him to convince a court that you have to pay for his attorneys. In some instances, if a party has violated a Court Order or rule then sanctions could be imposed on the party who is in violation. These sanctions could include paying for the other person's attorney fees directly related to your violations.
Answer Applies to: Illinois
Replied: 12/12/2011
John E. Kirchner, Attorney at Law | John Kirchner
What he says is irrelevant. Unless you agree to what he wants, the question will be decided by the judge. In Colorado that is usually the last decision the court will make, after all the other financial issues have been decided.
Answer Applies to: Colorado
Replied: 12/12/2011
Walnut Creek Family Law Center, Inc. | Merritt L. Weisinger
Maybe and maybe not. Attorneys fees are governed by Family Code section 2030 et seq and by 271. 271 is a sanctions provision. 2030 et seq refers to need based attorneys fees. If he can afford to have an attorney and you cannot, he should be paying your attorneys fees. You need to file a motion or order to show cause for attorneys fees. As to him telling you that, it's probably bullsh*t. It depends on who has what assets and income.
Answer Applies to: California
Replied: 12/12/2011
Law Offices of Jayson A. Soobitsky, P.A. | Jayson A. Soobitsky
The court does have the authority to award attorney fees in divorce cases. There are many factors that must be considered by the court before making such an award. I need more facts to determine whether you are at risk of paying attorney fees. You need to seek advice from your own attorney and not listen to your husband.
Answer Applies to: Maryland
Replied: 12/12/2011
H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
Unless you agree to pay some or all of his lawyer's fees, you have no obligation to do so until and unless ordered to by the court.
Answer Applies to: Georgia
Replied: 12/12/2011
The Law Offices of Mandy J. McKellar | Mandy J. McKellar
Not necessarily, but it all depends on income. The case you should google and read for Nevada is Sargeant v. Sargeant, 88 Nev. 223, 227, 495 P.2d 618 (1972).
Answer Applies to: Nevada
Replied: 12/12/2011
Law Office of William L Spern | William Spern
Not generally unless you are the sole or substantial wage earner in the family. You may also be liable under the court rules for costs and attorney fees he incurred based on your conduct. You should get a family law attorney.
Answer Applies to: Michigan
Replied: 12/12/2011
Law Offices of Frances Headley | Frances Headley
Payment of attorneys fees from one party to the other is not automatic and must be requested from the court. Under the circumstances described, it is unlikely that the court would order you to pay.
Answer Applies to: California
Replied: 12/12/2011
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Whether or not you would have to pay attorney's fees for your husband (and if so, how much) would depend upon your income, your husband's income,the complexity of the case, and the amount of litigation. If your husband earns more than you do, it is unlikely that he would be awarded attorney's fees. You would best retain your own attorneyto represent you in the divorce. If there are sufficient contested issues in the divorce to justify your husband retaining two attorneys, you would best have an experienced Family Law attorney to represent you.
Answer Applies to: California
Replied: 12/12/2011
Michael Rose Attorney at Law | Michael Rose
Attorney fees can be awarded for different reasons. If you can afford it get an attorney especially if you have assets to split or fighting over custody and visitation
Answer Applies to: California
Replied: 12/9/2011
Goldberg Jones | Zephyr Hill
I doubt it, but it is a discretionary call for the Judge. There is no simple rule that would make you pay his fees or half of his fees. If you make a significantly greater income than your spouse and Judge can Order you to make contributions to his fees, but he would have to convince the court that is necessary to even the playing field.
Answer Applies to: California
Replied: 12/9/2011
Odin, Feldman & Pittleman, P.C. | Richard A. Gray
Either party can petition the court for pendente lite (preliminary) attorney's fees. It's up to the Judge to determine if either party is entitled to any preliminary attorney's fees. The Court looks at each party's income, assets, savings and relative ability to pay towards the other party's legal fees. The court customarily also orders that any payment of any preliminary attorney's fees is subject to being allocated between the parties at the final equitable distribution hearing .
Answer Applies to: Virginia
Replied: 12/9/2011
Beaulier Law Office | Maury Beaulier
No. A court has the authority to award legal fees on two basis: (1) one party has financial need and the other party has a greater ability to pay; and (2) fault based fees if a party contributes unreasonably to the length and delay of the proceedings. generally speaking, courts are reluctant to award legal fees from one party to another.
Answer Applies to: Minnesota
Replied: 12/9/2011
Dunnings Law Firm | Steven Dunnings
Only if the Court Orders you to. You need to get a lawyer and have your lawyer request that he pay some or all of your attorney's fees.
Answer Applies to: Michigan
Replied: 12/9/2011
Glenn E. Tanner | Glenn E. Tanner
Maybe. You don't give much information. In Washingtion fees are awarded based on need and ability to pay or due to your intransigence.
Answer Applies to: Washington
Replied: 12/9/2011
Peyton and Associates | Barbara Peyton
An award of attorney fees is usually based on one party's need weighed against the other party's ability to pay. If one person has a significantly higher income than the other person, the court will probably order payment of some attorney fees by the higher income person. There is no formula for this kind of determination. It simply is in place to try to create a fair, level playing field for the parties. I have never heard of a case where one person had to pay all the fees of the other party.
Answer Applies to: California
Replied: 12/9/2011
Michael Apicella | Apicella Law and Mediation
Not unless he gets a court order. If no judge issues an order that you must pay his fees, then no, you don't have to pay them. As to whether there are legal grounds to support a request that you pay his attorney fees, there are many. However, a very common legal ground is "need." I.e., you make more money than him, or have a certain wealth that creates a sufficient disparity that you are able to afford a lawyer, and he is not. Given the limited facts stated in your question, that doesn't seem to be the case. You can look up California Family Code section 2030 -2032 via Google to learn your rights regarding attorney fee exposure. Or, hire a local family law lawyer to help you.
Answer Applies to: California
Replied: 12/9/2011
Law Offices of Arlene D. Kock | Arlene D. Kock
If you have a greater income than your husband, the court could order that you contribute to his fees.
Answer Applies to: California
Replied: 12/9/2011
Law Office of Joan M. Canavan | Joan Canavan
No you do not have to pay for half of your husband's attorneys' fees unless he files a motion requesting that you pay have one of his attorney's' fees AND the Court finds that you are financially able to do so. The Coourt may also determine that there are sufficient marital assets that can be used so that each of you can hire an attorney and use some of the marital assets to pay the attorneys' fees. In the event that your husband had two attorneys, the Court would NOT make you pay for both attorneys. One attorney per client, so to speak.
Answer Applies to: Massachusetts
Replied: 12/9/2011
Ashman Law Office | Glen Edward Ashman
Nothing can be more foolish than you not having a lawyer (except getting your legal advice from your husband). If you proceed without a lawyer, expect a very bad day in court. If you want to improve your chances, get a lawyer and do so on day one of the case, as every day's delay in getting counsel does you harm.
Answer Applies to: Georgia
Replied: 12/9/2011
Roscich & Roscich | John Roscich
No. The only thing you have to do is that which the judge orders.
Answer Applies to: Illinois
Replied: 12/9/2011
Patricia C. Van Haren, Attorney at Law | Patricia Van Haren
If you are the high earner of the marriage or you conduct yourself in a manner in which prolongs the litigation, you may be required to pay your husband's attorney fees.
Answer Applies to: California
Replied: 12/9/2011
Donaldson Stewart, PC | Monica H. Donaldson Stewart
There are certain circumstances under which the court can order one party to pay the other party's legal fees. I would recommend you consult with an attorney who can help you to determine whether your situation falls under the the options offered by statute and whether you might be vulnerable to an award of legal fees.
Answer Applies to: Arizona
Replied: 12/9/2011
Anthony Saunders Esq., PLLC | Anthony M. Saunders
This really depends on several factors and without more information this question is hard to answer. In short though it is possible that you be required to pay all, some or none of his attorney fees depending on other facts in your case. It is also possible that he could be required to pay all, some or none of your attorney fees should you retain one. You should contact an attorney to discuss your options and the case specific facts to get a better answer soon.
Answer Applies to: Utah
Replied: 12/9/2011
Smith, Gildea & Schmidt | Michael Gene DeHaven
Attorney fees & costs may be awarded under various Maryland Family Law Article provisions. However, the Court must look at specific facts, including the financial status of the parties. Given that young husband has 2 lawyers and is making statements such as the one you posted, you should retain a lawyer immediately to fully explain the facts & circumstances under which fees &costs may be awarded, and other issues that may be applicable.
Answer Applies to: Maryland
Replied: 12/9/2011
Attorney at Law | Aimee C. Robbins
That would be very unconscionable. I need more facts though. Does your husband work? Do you have comparable incomes? Then the answer is NO. Why don't you have an attorney? You will have a far better outcome if you have an attorney represent you. This is always the case. I have so so many clients who come to me after they did really poorly in the divorce. It's better to get it right the first time than hire an attorney to clean up the mess afterwards. If you can't afford an attorney there is no way you will be paying for your husband's representation. It sounds like he should be paying for your atty.
Answer Applies to: Maryland
Replied: 12/9/2011
The Law Office of M. Elizabeth Foley | M. Elizabeth Foley
Not likely unless that's something the two of you work out between yourselves or the court orders it, which is not likely unless it finds that you did something major to increase his costs (filed frivolous motions, refused to respond to valid discovery requests and made them file a motion to compel, things like that). Unless there's some good reason to do otherwise (like the above, or maybe one spouse has no income at all and is pretty much the "innocent party"), normally each spouse pays all or at least most of their own attorney fees.
Answer Applies to: Texas
Replied: 12/9/2011
David A. Browde, P.C. | David Browde
In most cases his statement is flatly wrong. However, if he's represented - you should be as well!
Answer Applies to: New York
Replied: 12/9/2011
Law Office of William C. Wood, LLC | William C. Wood
Not unless it is ordered by the court.
Answer Applies to: Maryland
Replied: 12/9/2011
Law Office of James Lentz | James Lentz
First, if you husband has two lawyers on his side, you are foolish to go into this unrepresented. Second, no, you do not have to automatically pay half of his lawyer fees. It depends upon orders of the court.
Answer Applies to: Ohio
Replied: 12/9/2011
The Law Office of Erin Farley | Erin Farley
Attorney fee awards are not "automatic". They must be requested and there must be a good reason for the request. Awards of attorney fees are based on "need and ability to pay" or they are assessed as sanctions for one party's bad faith conduct. If you are the higher earning spouse, you may have to pay some of his fees so that you both have equal access to representation. Or, if you have acted badly in the court process, you may be reprimanded and forced to pay his fees so he is not damaged.
Answer Applies to: California
Replied: 12/9/2011
Law Office Of Jody A. Miller | Jody A. Miller
Payment of attorneys fees is up to the discretion of the judge and is very fact based. There is no set rule or law that requires you to pay half of your husband's attorneys fees. You should really consider retaining an attorney, particularly if your husband has one; it can be very dangerous legally to represent yourself.
Answer Applies to: Georgia
Replied: 12/9/2011
