If your spouse wants to file for divorce, you might be wondering, “Can my wife make me pay her divorce attorney fees?” Fortunately, this scenario rarely occurs, but it is possible. In New York and California, the courts will allow you to ask a judge to order your spouse to pay your divorce attorney fees if you are “cash poor”. In other states, however, a spouse may have the right to ask the court to order you to pay her divorce lawyer fees.
New York courts allow a “dependent” spouse to pay a spouse’s divorce attorney fees
It’s not uncommon for a spouse to be forced to pay for a divorce attorney because of financial issues. While the court will not award attorney fees in every case, it will often grant some money to maintain the divorce proceeding and to pay for an attorney. There are some conditions for obtaining this money, though. If the spouse is not able to pay, the court may award the money to the dependent spouse, so that the other spouse can hire an attorney.
In the State of New York, a “dependent” spouse may be entitled to money if the other party is unable to pay. The governing statute will provide details of what the courts may do in certain cases. The power to award money will often be based on the court’s discretion, but it’s usually not too difficult. The court may award a spouse money to file a divorce and pay their divorce attorney fees, but it’s still up to the courts to decide whether this is appropriate.
California courts allow a “cash poor” spouse to pay a spouse’s divorce attorney fees
In many cases, the California courts will allow a “cash poor” spouse who cannot afford a divorce attorney to pay for the other spouse’s divorce attorney’s fees. This is done to level the playing field between the two parties. However, this is not always possible. Some attorneys will not be willing to accept this arrangement. If your case is considered to be low-net-worth, your attorney may reduce or waive the fees.
For example, suppose Mrs. Jones is “cash poor” and cannot afford her divorce attorney’s fees. If she is not working and cannot find a new job, she may be forced to rely on alimony to keep the family home. While it may provide a financial cushion, it won’t last forever. For instance, in a few years, she may wish to get off the mortgage and start all over. Likewise, alimony doesn’t last forever. In this case, the ex-spouse might want to sell off assets and change beneficiary forms. In addition, if she is on the same car insurance coverage as her spouse, she should expressly agree to obtain new insurance coverage and pay for teenage children’s insurance.
Other states allow a spouse to ask a judge to order the spouse to pay the spouse’s divorce attorney fees
A court can order one spouse to pay the divorce attorney’s fees if the other party does something that is not in the best interest of either party. For instance, if a spouse intentionally disrupts the divorce process by filing a frivolous document, the court can order her spouse to pay her fees. Other states will allow a spouse to ask a judge to order her spouse to pay her divorce attorney fees if she believes that her husband has done something to make the divorce process more difficult. This can vary state by state, so you should contact a local family law attorney for details.
Besides that, most states have a similar policy when it comes to divorce. In other words, a spouse with more means can afford to spend more time litigating the divorce and pressuring the other spouse into a less favorable settlement. A judge can also order a spouse to pay the other’s divorce attorney fees if she is the primary caretaker in the marriage and earns less than the other spouse.
(For more articles like this, click here: Who Pays Attorney Fees in a Divorce?)