Attorney Fees in a Divorce
Are You Entitled to Attorney Fees From Your Spouse?
A New York divorce court judge will not want to approve any divorce agreement that was drafted in a way that clearly favors one spouse over the other. It is also important in a contested divorce for each spouse to have the legal ability and know-how to stand up and fight for their best interests. A good way to prevent one-sided agreements, or legal arguments, is for each spouse to be represented by their own a divorce attorney.
What happens if one spouse cannot pay for a divorce attorney, though? Will the other spouse be expected to pay the fees of the legal professional that “works against them” in the divorce? The answer comes on a case-by-case basis, primarily influenced by the divorcés finances.
When One Spouse Provides Total Income
It is not uncommon for one spouse to provide all, or the vast majority, of the income in a marriage. When this is the case, a family law court judge may order that the primary breadwinner pay for all or a portion of their spouse’s attorney fees. This is not something you should rely on happening, however, as a judge’s discretion could deem that you do not need such financial assistance.
Indeed, in most situations where a judge will order one spouse to pay for the attorney fees of the other, the aid is either partial or temporary. After all, following the average divorce, both spouses are expected to make a reasonable effort to support themselves financially. The mindset of financial independence will be encouraged, to some extent, during the divorce, not only after it concludes.
Other factors that could influence a judge’s opinion on the matter of attorney fees in divorce are:
- Spousal support agreements
- Child support obligations
- Grounds for divorce (theft of marital income, etc.)
- Education or career history of both spouses
- Equitable distribution of valuable assets
- Each spouse’s ability to find gainful employment
No matter the reasons behind why you should have your attorney fees paid by your soon-to-be ex-spouse, you will need to first create a petition for this motion to be approved. Start today with the Law Office of Dennis R. Vetrano, Jr., LLC and our Dutchess County divorce attorneys. Our years of experience and client-first approach to legal issues can help remove the stress of your divorce and turn this unexpected situation for the better.
Call (845) 605-4330 or contact us online to begin.
CLIENT TESTIMONIALS
READ WHAT PAST CLIENTS HAD TO SAY
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I want to say that using the Law Office of Dennis R. Vetrano to handle my divorce was the best decision I could have made. Kristen explained everything up front in terms that I could understand, and she put me at ease from the moment we met. Erika kept me abreast of everything that was happening throughout the whole process. She answered all my questions quickly and again in a way that I could understand. I would recommend the Law Office of Dennis R. Vetrano to anyone.
- David B. -
Unfortunately some of the hardest times in our lives we need an attorney to help guide us through such emotional and uncertain and scary period. Choosing the best attorney can take away some of the fear and anxiety Dennis and his absolutely amazing team have held my hand and calmed my nerves on more than one occasion Stacey is always on the other end of the phone to reassure me that it is a process and it will be ok.I have found such comfort in Dennis his knowledge and strong confidence that he and his team have it all under control allows me to focus on myself and my children while they handle my case. I highly recommend this firm!- Jennifer Garofolo
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I am extremely thankful for having received the best representation from my attorney Kristen D. Farris for a temporary order of protection case against my soon to be ex-husband. Everything went so smooth with her amazing expertise and professionalism. In the court, she took charge right away and everything was just so well. I was so relieved! The outcome of the case was perfect and the case settled without any issues. I had no chance to stress! Finally, the office staff was so friendly and the communication, which was mostly through e-mail, was perfect. I am looking forward to working with Kristen with the next steps of getting a divorce. God answered my prayer when I asked for a great attorney :) I was so nervous but thankfully everything went so well!!!
- Rosa Gonzalez -
Kristen and Erika were wonderful to work with. Very professional, yet compassionate. They thoroughly explained everything in understandable terms. Both Kristen and Erika were prompt in all communications and kept me informed throughout.
- Rebecca T. -
Tough, gracious, generous, and committed describe Kristen’s qualities as my attorney. And much thanks to the paralegal team as well. Their combined experience provided prompt support whenever I had any questions and helped talk me through my situation and to provide clarity. I can’t thank Kristen and her team enough for the all hard work and kindness through the process.
- T. Curtis-Verderosa -
Christal Prinz is OUTSTANDING! She has compassion and a wealth of knowledge about the law. She has a good common-sense approach as well. It was a delight to work with her considering the circumstances and nuances of my case and the law.
- A.P. -
I am so thankful I found this law office to handle my divorce. Kristen was a pleasure to deal with and handled my divorce flawlessly. Communication was always very fast, and always very clear. I highly recommend! Couldn’t have been handled better. Thank you.
- Claudia Franciosa -
I am so grateful for the wonderful team that assisted me through one of the most difficult times of my life. The guidance and knowledge they provided was immeasurable.- Jessica Conklin