Who Pays For Attorney Fees in a Divorce?

Spouses are often at odds with each other when they begin divorce proceedings. The couple must divide their assets and debts, and pay for their mutual expenses. While a divorce attorney is not required, it is highly recommended. It is important to note that parties cannot use the same attorney to represent them in their dissolution of marriage process.  Many people wonder, who pays for attorney fees in a divorce? The answer depends on a variety of factors.

Brief or Low-Conflict Cases

In general, both parties need to pay for their own attorney’s fees. When the divorce is relatively easy, and there are few contentions, the attorney fees are probably not too high. Both parties probably have similar costs. If the divorce is contested, or becomes complicated with disputes, attorney costs will increase substantially.

Complicated and Lengthy Divorce Cases

Sometimes a divorce becomes complicated. This can happen at any time in the process, when parties reach an impasse, and are unable to come to an agreement regarding the settlement terms. Many issues need to be discussed and resolved. Of these, matters concerning the children, and finances, are the most problematic. Even an agreeable divorce can turn difficult when one party decides to dispute an issue. Complex and lengthy divorces can take much longer to become finalized.

Request Attorney Fees Be Paid By Your Spouse

In some of these complicated cases, or in cases where the other party’s income is by far greater than yours, you may be able to request that all or a part of your attorney fees be paid for by your spouse. This could occur in some extreme situations where your spouse was the cause of a lengthy delay that created extensive, and unnecessary, costs.

Resolving Difficult Divorce Settlement Disputes

Although couples can iron out the details of their divorce settlement, they need to resolve the distribution in an equitable manner. Therefore, it may be best to realize that the outcome must be fair. Your attorney will assist you in getting the results you want. When problems arise, count on your lawyer to help resolve them quickly. If you dispute an issue, keep in mind that it could be a costly decision.

When you are going through a difficult divorce, call the compassionate legal team at Udall Shumway PLC for a consultation.

This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Attorney Fees in a Divorce, or any other family law issue, please feel free to contact Steven H. Everts at 480.461.5300, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.