Who Pays for Attorney's Fees in a Divorce?

March 22, 2017
Divorce and Attorney Fees
When you’re going through a divorce, it’s important to understand how will pay for the attorney’s fees which can sometimes be a high amount depending on the circumstances.  Likewise, from time to time a court may make one of the divorcing parties pay the majority of the attorney’s fees based on his or her financial resources. 
When fees and costs are awarded to one person in a divorce proceeding the court takes into account the following:

  • Maintenance or defense of any proceeding
  • Enforcement or modification
  • Defense of an appeal or any other judgment
  • Prosecution of any claim on appeal
  • The costs and legal services of an attorney rendered
  • Ancillary litigation
  • Costs and attorney’s fees incurred from an action on the Civil Aspects of International Child Abduction

When one person is seeking a petition for attorney’s fees to be covered, it must be accompanied by an affidavit and all hearings for the case must be scheduled by the court. 
If the court does order one person in a divorce to pay attorney’s fees and other costs, the amount will be paid directly to the person representing him or her or to the appropriate party.
Failure to Pay
If the person who is responsible for the costs of the attorney’s fees fails to comply with the order or judgment without cause or justification the court will then order the party to promptly pay all fees to the other party.  If the fees are still unpaid without cause or justification, the court may find the said person used the court for improper purpose and therefore will enforce other means for failure to pay. 
Some reasons for using the court for improper purposes include:

  • Harassment
  • Unnecessary delay
  • Other acts which increase the cost of litigation

Divorce can be a highly emotional and financial drain on all parties so it helps to be well prepared when going through the litigation process. 

The skilled Edwardsville divorce attorney, Deborah Besserman can help you navigate through a dissolution of marriage with ease and will fight on your behalf.  Please contact Besserman Law Office, LLC today for a consultation regarding your potential divorce proceeding.  

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