Who Pays for Divorce Attorney Fees?
In North Carolina, a higher-earning spouse may be ordered to pay for the other spouse’s divorce attorney fees, even if the higher-earning spouse cannot afford a high-powered lawyer. If this is the case, the court can deduct the attorney fees from a spouse’s joint assets. If the court does not order the other spouse to pay the attorney fees, the other spouse may have to cover them out of pocket.
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North Carolina
Who pays for North Carolina divorce attorney fees? Depending on the circumstances, your spouse may pay all or part of the fees, or you may only have to pay a percentage of the bill. In some cases, a spouse can request that the other party pay their attorney’s fees because their conduct contributed to the long and acrimonious divorce proceedings. These are referred to as “bad faith” behaviors. Such actions can include making false accusations, failing to follow court orders, hiding assets, and refusing to provide required documents.
New York
Whether your divorce will involve a settlement or litigation is another question. In New York, the courts encourage divorce parties to reach agreements outside of court. Not only is this a much more efficient way to end a marriage, but it’s also far less expensive for everyone involved. Similarly, courts will be more likely to award your divorce attorney’s fees if you are willing to work out a mutual settlement and avoid prolonged litigation.
California
While California does not allow one spouse to pay the other’s divorce attorney fees, there are a few specific situations when one spouse may get them from the other. In one of those situations, a spouse may have a valid claim to the other’s legal fees if they believe their partner intentionally engaged in disorderly conduct to delay the divorce proceedings. Although filing for a sanction for such behavior can be costly, a judge in a family court will often order the higher-earning spouse to pay for the attorney’s fees.
Louisiana
If you’re in the process of getting divorced in Louisiana, you may be wondering who pays for your lawyer. Louisiana allows both parties to pay their attorney fees, but it does not require the at-fault party to pay the other party’s attorney fees. The court may award attorney fees for dragging out the divorce, but this would not cover the cost of the entire divorce. Instead, the fee would cover the extra appearances the attorney makes in court.
Other states
When it comes to paying for a divorce attorney, other states are more generous than most. For instance, New York explicitly allows attorneys’ fees. In some states, divorce attorney fees are paid by the spouse who makes more money. The best way to find out if your state is one of these is to look up the county clerk’s website. In other states, fees may be based on the number of children involved in the divorce.
Florida
While Florida pays divorce attorney fees are admirable in theory, they can be problematic in practice. One spouse may be forced to pay a portion of the other’s legal fees, which could lead to protracted divorce litigation. Moreover, the angry spouse may not be a savvy consumer of legal services and might blindly trust the lawyer. If this is the case, then the court’s payment of attorney fees may be delayed or even denied altogether.