Attorney's Fees: Who Pays?

Posted: February 29th, 2012 | Author: Austin-Personal-Injury-Blog
Categories: Austin Family Law Blog, Divorce, State Laws

As a general rule in Family Law cases, each party will be responsible for paying their own attorney. I need to emphasize general rule because like most rules, there are exceptions. The exception to each spouse paying for their own attorney throughout the course of the divorce process is when one spouse has an ability to pay for legal representation and the other spouse lacks the minimum resources to do so. When this happens the Court may consider requiring either the husband or the wife to pay the attorney's fees of the other spouse. There are a few considerations before a court will order an amount of interim attorney's fees.

First, the court will consider whether one spouse lacks the ability to pay for an attorney throughout the process. Next the court will consider whether the other spouse has an attorney. Lastly, the court will consider whether the other spouse has some ability to pay attorney's fees. When the Court decides that one party has the ability to pay for attorneys for both parties it may, in its discretion, order attorney's fees be paid for by the spouse that does have the ability to pay.

So, before you decide that due to your financial circumstances you couldn't possibly have an attorney represent you, consider contacting an attorney about whether your spouse could be required to pay for your attorney's fees.

If you have specific questions related to your case, or questions about how attorney's fees work, feel free to contact an attorney from Zinda & Davis PLLC .


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