Will I Have To Pay The Other Side’s Divorce Attorney Fees?

There must be a legal and factual basis for one party to be required to pay all or part of the other party’s attorney fees in a divorce or other family law case. In a divorce, if assets are divided equally, and neither party’s actions made the case unnecessarily expensive, a trial court will generally not award attorney fees. If, however, one party acts unreasonably, and that causes the other party’s attorney fees to increase, the court may take that into account and make an award of attorney fees. For example, if a party refused to timely provide financial documents, and thereafter refused to try to settle the case, those facts could lead to an award of attorney fees.

In family law cases other than a divorce, legal separation, or annulment, the case for obtaining an award of attorney fees may be easier to make. There are rules and case law that help inform a trial court’s decision about whether to award attorney fees. Each case is different. Again, however, the case for obtaining an award of attorney fees is stronger if a party, or his or her lawyer, acted unreasonably in some manner. Peter will work with you to your resolve your case in a manner that will help limit your exposure to attorney fees, and he can help defend you against a claim for attorney fees from the opposing side.

For more information, visit the Attorney Fees page of this website.