Thursday 24 July 2014

If one person doesn't want a divorce yet the other spouse does, does the spouse wanting to end the marriage liable for the attorney fees?

Question

If one person doesn't want a divorce yet the other spouse does, does the spouse wanting to end the marriage liable for the attorney fees?



Answer

No. Attorney Fees are typically granted if there is a frivolous or vexatious filing that's a waste of the court's time. Attorney Fees may also be granted in instances where one party made reasonable attempts to resolve the case without litigation [out of court] and the other party did not accept "reasonable" settlement offers which were similar to those as the outcome of litigation.



Answer

In divorce actions, the court may order the party in the better financial position to pay some, most, or all, of the attorney's fees incurred by both parties to the divorce. For example, if the parties were a stay-at-home wife and mother on one side, and a very successful husband and father who owned a bank on the other side, the court would likely have the successful banker paid his own attorney's fees as well as all or most of his wife's attorney's fees.



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